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Late deposit of Employees Provident Fund prior to 01-4-2021 will not attract any disallowance- ITAT Hyderabad

May 19, 2021 5283 Views 0 comment Print

Hon’ble Hyderabad ITAT has in the case of Value Momentum Software Services Private Limited in I.T.A. No. 2197/HYD/2017 has held that late deposit of Employees Provident Fund prior to 01-4-2021 will not attract any disallowance as the explanation inserted by Finance Act,2021 in section 43B and Sec 36(va) has prospective effect and the same will be applicable only from 01-04-2021

Cost for providing parking space to shop owners of Mall allowable

May 18, 2021 2097 Views 0 comment Print

Crown International Vs ACIT (ITAT Delhi)  There is no dispute on the amount as well as of the fact that the adjacent plot was used for parking space by the shop orders. The only reason is that there was no legal obligation on the assessee to provide a parking space to the shop owners and […]

Reassessment based on Incorrect/Non-Existing reasons is Illegal & Bad in Law

May 18, 2021 3291 Views 0 comment Print

VSR Enterprises Vs ITO (ITAT Delhi) Assessing Officer in the instant case has recorded incorrect/wrong and non-existing reasons in the reason for reopening of the assessment and has not applied his mind to the information received from REIC, Ward 43(4)(New Delhi). Therefore, the reopening of the assessment is illegal and bad in law and is […]

Maintenance charges not allowable under the head House Property Income

May 18, 2021 3954 Views 0 comment Print

Rockcastle Property Private Ltd Vs ITO (ITAT Mumbai) As per the provisions of Section 23(1)(b), annual value shall be deemed to be the actual rent received or receivable by the assessee. The proviso provides for deduction of municipal taxes levied by any local authority. As per Explanation, the actual rent received or receivable would not […]

Depreciation on Toll Road allowed at rate allowed for intangible asset

May 18, 2021 4614 Views 0 comment Print

BSC C&C Kurali Toll Road Ltd. Vs DCIT (ITAT Delhi) The issue under dispute is with regard to availability of depreciation to the assessee whether it is to be allowed keeping the right to collect toll fee as intangible assets or it to be treated as building or plant & machinery as held in the […]

No Section 272A(2)(k) penalty merely for delay in filing Quarterly TDS Statement

May 17, 2021 4974 Views 0 comment Print

Maharashtra Jeevan Pradhikaran Vs JCIT (ITAT Pune) We have also considered judicial precedents placed on record. In this case penalty has been levied u/s. 272A(2)(k) of the Act due to late filing of TDS statements/returns. However, it is an undisputed fact as admitted by the parties herein, that no loss has been caused to the […]

Interest on compulsory acquisition of land u/s 28 of Land Acquisition Act is exempt

May 17, 2021 25740 Views 0 comment Print

ITO Vs Chawli Devi (ITAT Chandigarh) Interest received by assessee on compulsary acquisition of of its land u/s 28 of Land Acquisition Act is in the nature of compensation and not interest which is taxable under the head of income from other sources u/s 56. FULL TEXT OF THE JUDGMENT/ORDER OF CHHATTISGARH HIGH COURT These […]

Addition based on statements recorded by survey team & credible evidence without any retraction are valid

May 17, 2021 1566 Views 0 comment Print

Sanjay Sultania Vs ITO (ITAT Cuttack) CBDT in the circular dated 10.3.2003 (supra) has directed the revenue authorities that if confession not based upon credible evidence, are later retracted by the concerned assesses while filing the returns of income, such confessions do not serve any useful purpose. In the present case,  there was substantial evidence […]

Section 68 addition for share capital & Premium without any verification not sustainable

May 17, 2021 3327 Views 0 comment Print

Seth Carbon and Alloys Private Limited Vs DCIT (ITAT Mumbai) We find that assessee by furnishing all the aforesaid documents had duly explained the nature and source of credit in the form of share capital and share premium received from the aforesaid two shareholders. From the balance sheet of the shareholders, it could be seen […]

In absence of any contract or sub-contract work by Joint Venture to its members, Section 194C not applicable

May 17, 2021 3132 Views 0 comment Print

ITO Vs Shraddha & Prasad Joint Venture (ITAT Pune) This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeal), Pune-3 dated 29.08.2017 for the assessment year 2014-15 as per the following grounds of appeal on record : “1. On the facts and circumstances of the case, the order of the Ld. […]

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