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TDS not deductible on Salary of seconded employee if deducted by Holding Company

April 20, 2021 1089 Views 0 comment Print

Hexagon- MIDCO India Private Ltd. Vs CIT Appeals (ITAT Mumbai) Learned Sr. DR fairly agreed that in case the holding company MIDCO Limited has deducted the TDS on salary paid to these employees no further requirement of TDS on principle but assessee has to produce evidence before the Assessing Officer. Hence, on Principle, we are […]

Loss of earlier year cannot be set-off if not declared in Original or Revised Return

April 20, 2021 870 Views 0 comment Print

Shailaja Vs ITO (ITAT Delhi) It is pertinent to note that the assessee has filed original  return  of income as on 31/08/2015 declaring an income of Rs. 5,71,960/- along with paying of double taxes of Rs. 43,230/- including self-assessment tax of Rs. 33,230/- on 31/8/2015. In the original return of income loss against sale of […]

In absence of jurisdiction CIT cannot withdraw Section 10(23C)(vi) exemption

April 20, 2021 1707 Views 0 comment Print

CIT had erred in law and as on facts in withdrawing assessee’s approval granted u/s.10(23C)(vi) as the impugned entire exercise to withdraw assessee’s approval suffered from inherent lack of jurisdiction.

Repayment of Loans Mitigates Invocation of Section 68 When Genuineness Proved

April 19, 2021 4125 Views 0 comment Print

Shree Samruddhi Overseas Trading Co. Vs DCIT (ITAT Ahmedabad) It is submitted on behalf of the assessee that the assessee had taken a temporary loan of Rs.8 Lakhs and Rs.2 Lakhs aggregating Rs.10,00,000/- in the month of June 2012 from Shri Rakesh Vallabhbhai Swadia. The loan so obtained was also repaid in the month of […]

Once property let out it loses its character as a business asset

April 19, 2021 1698 Views 0 comment Print

Nutech Engineering Technologies Ltd. Vs DCIT (ITAT Mumbai) We noted that the assessee has claimed depreciation on the property sold as Lunkard Sky Max of 17 units in AYs 2010-11 and 2011-12. But from AY 2012-13 i.e. Financial Year 2011-12 out of 17 units 7 units were given on rent and accordingly rental income was […]

Penalty u/s 271AAB can only be levied on a person who was subject to search

April 19, 2021 2031 Views 0 comment Print

Shri D.S. Patil Vs PCIT (ITAT Banglore) Penalty u/ s. 271AAB can be levied in the hands of a searched person only. The assessee herein is not subjected to search, meaning thereby, penalty u/s. 271AAB cannot be levied in the hands of the assessee. Even though, the AO has not cited any reason for dropping […]

Foreign currency is not a commodity for Section 43(5) of Income Tax

April 19, 2021 2064 Views 0 comment Print

ACIT Vs M/s. Lifestyle International (P) Limited (ITAT Bangalore) The brief facts in relation to the above ground is that the assessee had imported certain trade merchandise from parties located outside Payments to such foreign vendors is required to be made in future on specified dates in foreign currency. The assessee had also obtained foreign […]

No revision by CIT if AO had taken a possible view

April 19, 2021 1158 Views 0 comment Print

CIT was not justified in exercising his powers under section 263 and considering the assessment order passed by AO as erroneous and prejudicial to the interest of the Revenue as AO after appreciating the complete documentary evidences placed on record and applying his mind to the facts of the case, accepted the evidences filed by assessee and had taken a possible view.

Mere Cash Deposit Not A Valid Ground for Reassessment Proceedings

April 19, 2021 9030 Views 0 comment Print

Ashish Natvarlal Vashi Vs ITO (ITAT Surat) 1. Merely cash deposit in a saving bank account does not show that income has escaped assessment. The process of reasoning is absent, and these reasons were not recorded on standalone basis therefore reopening made by the Assessing Officer may be quashed. 2. The amount deposited in the […]

Exchange difference as on date of balance sheet is allowable

April 16, 2021 984 Views 0 comment Print

HSBC Electronic Data Processing India P Ltd Vs ACIT (ITAT Hyderabad) Section 37(1) is a residuary section extending the allowance to items of business expenditure not covered by Sections 30 to 36. This Section, according to the learned Author, covers cases of business expenditure only, and not of business losses which are, however, deductible on […]

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