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Subscription paid towards Brand Equity & Business Promotion was allowable as revenue expense

February 24, 2021 1890 Views 0 comment Print

Addition of sum paid to Tata Sons Limited towards subscription paid for Brand Equity and Business Promotion Agreement was not justified as the said payment was made annually on a recurring basis for business purpose and the same was allowable as a revenue expense.

No Reopening On Borrowed Satisfaction Without Bringing Tangible Material on Record

February 23, 2021 2391 Views 0 comment Print

Luxe Trading And Holding (India) Pvt. Ltd. Vs ITO (ITAT Delhi) From a perusal of the reasons, it is seen that the notice u/s. 148 of the Act has been issued mechanically without application of mind and the satisfaction by the Assessing Officer is only the borrowed satisfaction of the Investigation Wing. The Assessing Officer, […]

Section 271D Penalty Not Valid If Assessee Bonafidely explains Reasonable Cause

February 23, 2021 10590 Views 0 comment Print

Bapujibuwa Nagari Sahakari Pat Sanstha Maryadit VS JCIT (ITAT Pune) The expression ‘reasonable cause’ has to be considered pragmatically and if the facts of the present case are examined keeping this legislative spirit in mind, we find that there were enough circumstances to show that the assessee company had acquired bona-fide belief that its activities […]

Addition justified for unexplained deposit into bank account

February 22, 2021 2832 Views 0 comment Print

Karan Sharma Vs ITO (ITAT Bangalore) The assessee has explained that Rs.92,54,462 is out of previous withdrawals and sale of garments and pleaded that it is to be excluded from the taxation. The assessee has not furnished any evidence to establish the nexus between the earlier withdrawals and deposits into various bank accounts. In such […]

Addition cannot be made on the basis of mere diary jottings

February 22, 2021 5613 Views 0 comment Print

D.S. Suresh vs ACIT (ITAT Bangalore) In the present case, the addition is based on the diary jottings found during the course of search action in the case of RNSIL on 16.02.2012. We have carefully gone through the diary jottings recorded earlier part of this order. It contains the entry No.5 – MLA Tarikere Rs.27 […]

If books of Accounts are rejected than estimation of Income is justified

February 22, 2021 2130 Views 0 comment Print

Once the books of account of assessee were rejected for want of supporting vouchers and details then the income of assessee was required to be estimated thus, there were no error or illegality in the impugned order of CIT(A) in estimating the income of assessee by applying N.P. at 1% which was a reasonable and justified.

Amount advanced in earlier year and received back in current year cannot be treated as unexplained cash credit

February 22, 2021 3036 Views 0 comment Print

JCIT Vs Radhe Developers (India) Ltd. (ITAT Ahmedabad) In the case on hand, the assessee has received a sum of Rs. 3.59 crore from Shri Kanjibhai Desai which was treated as unexplained cash credit under section 68 of the Act by the AO. However, the learned CIT (A) was pleased to delete the addition made […]

Section 54F exemption eligible on residential house in daughter’s name

February 22, 2021 8505 Views 0 comment Print

We are of the opinion that the assessee has invested the sale consideration on transfer of Capital Asset in purchasing a new residential property in the name of Smt. Shailaja J who is being married widowed dependent daughter of the assessee and also legal heir of the assessee. Accordingly, we direct the Assessing Officer to grant exemption u/s. 54F of the Act on the amount invested in purchase of residential house in his daughter’s name.

TDS not deductible on EDC charges- section 271C Penalty not leviable

February 20, 2021 6720 Views 0 comment Print

M/s Perfect Constech Pvt. Ltd. Vs ACIT (ITAT Delhi) Penalty not leviable for non deduction of TDS under section 271C for EDC charges paid to HUDA as it is non statutory contractual liability It is seen that in Para 4.3.2, subparagraph (iv) of the order passed u/s 271C of the Act, the AO has himself […]

Section 68 addition cannot be made for duly explained credits

February 20, 2021 9834 Views 0 comment Print

ITO Vs Sh. Sunil Nayyar (ITAT Delhi) In the instant case, the AO has not pointed out any accounting defects in the books of accounts. Rather he is summarily ignored the books of accounts but has proceeded to invoke section 145(3) which is bad in law.” 14. The ld. CIT (A) held that there is […]

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