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TDS deductible on sitting fees paid to director

March 24, 2021 21537 Views 0 comment Print

HLS Asia Ltd. Vs DCIT (ITAT Delhi) Prima facie after looking at provisions of Section 17 and the concept of Director under the Companies Act and thus has a relationship as an employee to the Company. Besides this, the fees which is termed as sitting fees is the part and parcel of remuneration of the […]

High Turnover Company cannon be compared with Low Turnover Company

March 23, 2021 2199 Views 0 comment Print

Zynga Game Network India Pvt. Ltd. Vs DCIT (ITAT Bangalore) We note that Ld.AO/TPO has applied filter of more than Rs. 1 crore, but did not put an upper limit to the filter. This Tribunal in case of Genesis Integrating Systems India Pvt Ltd vs DCIT reported in (2012) 53 SOT 159 and various other […]

Deduction of Cess not claimed earlier in return: ITAT remits issue back to AO

March 23, 2021 687 Views 0 comment Print

Sulzer Pumps India Limited Vs DCIT (ITAT Mumbai) As mentioned earlier, for the year under consideration, the assessee has paid a sum of Rs.51,28,703/- as Cess in the return filed by it. It did not claim the amount paid, as deduction in the return filed by it for AY 2012-13. However, in the light of […]

No section 271AAB penalty on admitted and Surrendered Income

March 23, 2021 2826 Views 0 comment Print

Ashish Mittal Vs DCIT (ITAT Delhi) The Ld. AR submitted that the Assessing Officer has not contemplated the proper penalty notice as per the provisions of Section 271AAB. The Assessing Officer was not correct in imposing the penalty u/s 27 1AAB as the assessee has surrendered the income and also paid taxes accordingly The insertion […]

Section 13(1)(b) provisions not attracted to religious societies

March 23, 2021 2079 Views 0 comment Print

ACIT Vs Indian Evangelical Team (ITAT Delhi) ITAT held that provisions of section 13(1)(b) are attracted in case of charitable societies only and not in case of religious societies and hence there is no violation of section 13(1)(b) as alleged by the Assessing Officer, since this assessee is religious society. FULL TEXT OF THE ORDER […]

Staff shortage due to merger is sufficient cause for Delay in Filing Appeal

March 22, 2021 1071 Views 0 comment Print

The assessee herein is one of the branches of M/ State Bank of Travancore, which has since been merged with M/s State Bank of India. It is stated that there was shortage of staff and domain expertise in taxation. On examination of reasons furnished by the assessee in a liberal manner, in our view, the reasons given by assessee for delay in filing appeal before Ld. CIT(A) shall constitute sufficient cause

Section 54 – Date of Possession Vs. Date of Sale Deed

March 19, 2021 33162 Views 0 comment Print

K.S. Hanumantha Rao Vs PCIT (ITAT Bangalore) According to the CIT, the assessee was not entitled to claim for deduction u/s 54 of the I.T.Act amounting to Rs.48,81,963 for the investment made in new asset, since the investment in the new asset was made one year prior to the date of sale of the original […]

Indexed Long-Term Capital Loss from Sale of Government Securities allowable

March 19, 2021 1911 Views 0 comment Print

Peerless General Finance & Investment Company Limited Vs DCIT (ITAT Kolkata) It is observed that the issue relating to the assessee’s claim for Long-Term Capital Loss arising from the sale of Government Securities by applying the Cost Inflation Index was disallowed by the Assessing Officer in the assessment completed under section 143(3). However, the set […]

Addition for Share Capital & Premium: ITAT remands back case to CIT(A) for taking proper cognizance of evidence

March 19, 2021 801 Views 0 comment Print

ITO Vs Direct Mercantile Company Pvt. Ltd. (ITAT New Delhi) Issue- Ld. Commissioner of Income Tax (Appeal) erred in law and on facts of the case in deleting the addition of Rs. 3,14,16,000/- made by the A.O on account of unexplained share capital & share premium and Rs. 2,10,00,000/- on account of unexplained investment Submission […]

TDS not deductible on Fee to Offshore CA Firm having no PE in India for return filing services

March 19, 2021 2805 Views 0 comment Print

Sundaram Business Services Limited Vs ITO (ITAT Chennai) As regards professional charges paid to M/s. TWB Pty Ltd., a company of Chartered Accounts, although payment made to said company is not covered under Article 14, but said payment is covered under Article 7 of DTAA between India and USA because the business profits of an […]

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