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Actual Receipt of Money mandatory to invoke section 68

April 23, 2021 4407 Views 0 comment Print

ITO Vs Zexus Air Services Pvt. Ltd. (ITAT Delhi) It is an undisputed fact that there is no actual receipt of any cash by the assessee company in the instant case towards issue of share capital and such shares were issued in lieu of goodwill. In the instant case, the assessee has debited goodwill account […]

FBT payable on Free/concessional electricity provided to employees

April 23, 2021 1107 Views 0 comment Print

Singareni Colleries Company Ltd Vs ACIT (ITAT Hyderabad) AR of the assessee submitted that the amount of electricity provided to the employees is not a Fringe Benefit as this is a contractual obligation to the employees working in coal mines which is as per the National Coal Workers Agreement ( NCWA) and this benefit is […]

ITAT allows loss due to Forfeiture of amount paid against Land Purchase

April 22, 2021 1317 Views 0 comment Print

ACIT Vs K.B. Developers (ITAT Kolkata) Sole ground on which the disallowance is made is that the assessee had entered into these agreements, without making solid provisions to raise funds by due dates and hence it does not make any sense for a firm engaged in commercial venture to enter into these agreements. He drew […]

DTAA exemption cannot be denied merely for non availability of TRC

April 22, 2021 5790 Views 0 comment Print

Ranjit Kumar Vuppu Vs ITO (ITAT Hyderabad) FULL TEXT OF THE ORDER OF ITAT HYDERABAD This is assessee’s appeal for the A.Y 2014-15 against the order of the CIT (A)-10, Hyderabad, dated 14.07.2020. 2. Brief facts of the case are that the assessee, a Non-resident individual, filed his return of income for the A.Y 2014-15 […]

Reassessment initiation solely based on report of Investigation Wing liable to be quashed

April 22, 2021 3792 Views 0 comment Print

Reassessment proceedings initiated upon report of the Investigation Wing was not valid as AO had not applied his mind independently and acted solely upon the report of the Investigation Wing.

Salary for Services rendered in Foreign Countries cannot be taxed in India for non-production of TRC

April 22, 2021 5994 Views 0 comment Print

Sri Vamsee Krishna Kundurthi Vs ITO (International Taxation) (ITAT Hyderabad) As the assessee has spent less than 60 days in India during the FY 2013-14, he qualifies as a Non resident under section 6(1) of the Act. Therefore, the foreign allowance of Rs.19,79,072/- was not offered to tax in India in the return of income […]

No Section 194C TDS on Hire Charges if not satisfies threshold limit of Rs. 20000

April 22, 2021 6417 Views 0 comment Print

ACIT Vs Late D. Mahendran (ITAT Hyderabad) The AO disallowed hire charges for non-deduction of tax u/s 40(a)(ia) of the I.T.Act, with an observation that the appellant has not brought on record any supporting evidence that he had hired lorries and trucks in the manner the public hire an auto or a taxi on the […]

No penalty for difference of opinion on treatment of rental income

April 22, 2021 1458 Views 0 comment Print

Raghuram Garikapati Vs DCIT (ITAT Hyderabad) The assessee’s sole substantive grievance raised in the instant appeal challenges correctness of both the lower authorities’ action imposing Section 271(1)(c) penalty of Rs.10,46,957/- pertaining to quantum addition arising from treatment of rental income (as to whether it came under the head ‘income from house property’ or ‘income from […]

No addition for TP adjustment related to Specified Domestic Transactions

April 22, 2021 2787 Views 0 comment Print

Sobha City Vs ACIT (ITAT Bangalore) No addition for transfer pricing (TP) adjustment related to Specified Domestic Transactions (SDT). Conclusion: The reference to TPO for transfer pricing adjustment in respect of specified domestic transactions mentioned in clause (i) of section 92BA was not valid, as the said provision had been omitted. Accordingly, AO was directed […]

Taxes paid by Taxpayer includes TDS (Taxes paid on its behalf)

April 22, 2021 876 Views 0 comment Print

ACIT Vs North American Coal Corporation India Pvt. Ltd. (ITAT Pune) A careful perusal of the ITSC direction explicitly indicates that the AO shall compute the tax payable ‘after giving credit for taxes already paid by the applicant’. `Taxes already paid’ do not mean only the taxes directly paid by the assessee but also those […]

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