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Commission Expenses Disallowance – HC restored case to AO

February 18, 2021 6513 Views 0 comment Print

Kunwar Tuli Vs ITO (Delhi High Court) We find that the Assessing Officer has disallowed the part of the commission expenses paid on the ground that the assessee failed to produce the requisite evidences, including contract agreement between the parties and the assessee sought to justify the commission expenses only in view of the tax […]

AO cannot Simultaneously Reject & Rely Audited Books & Make Additions

February 17, 2021 4620 Views 0 comment Print

Nilkantha Saha Vs ITO (ITAT Kolkata) AO Cannot Simultaneously Reject and Rely Audited Books And Make Additions Under Section 68 For Cash Deposit During Demonetisation Period Out Of Cash Sales From a perusal of the cash deposits/ banking transactions, the Ld. A.R drew our attention to the fact that as per the audited books, especially […]

Depreciation allowable on fixed assets purchased by assessee in cash

February 17, 2021 4851 Views 0 comment Print

Daawat Foods Ltd. Vs ACIT (ITAT Delhi) As far as the disallowance of the depreciation of Rs.93,406/-on the capital expenditure is concerned, we find that AO has disallowed the depreciation on the capital expenditure of Rs.5,35,468/- which has been stated to have been incurred by the assessee in cash. We find that the Co-ordinate Bench […]

ITAT dismisses Appeal as appellant filed application under VSV Scheme

February 17, 2021 705 Views 0 comment Print

Abid Ali Vs ACIT (ITAT Delhi) FULL TEXT OF THE ORDER OF ITAT DELHI The present appeal has been filed by the assessee against the order of the ld. CIT(A), Aligarh dated 06.11.2017. 2. At the outset, it was brought to the notice of bench by the ld. AR that the assessee has filed application under […]

Mixed fund Presumption cannot be applied to Specific Purpose Loan

February 17, 2021 1296 Views 0 comment Print

Disallowance on account of interest on office loan was confirmed as assessee had taken loan from Bank for office and claimed deduction in respect of the interest expenditure incurred on this loan thus, the presumption based on mixed funds could not be applied.

Business Income declared during Survey can be set-off against Business Losses

February 16, 2021 2469 Views 0 comment Print

Income declared in survey is to be taxed and it has to fall under one of the heads of income, i.e., business income and, therefore, is available for set-off against the business loss.

Section 234B not applicable if no liability for payment of advance tax

February 16, 2021 2286 Views 0 comment Print

Amadeus IT challenges DCIT’s order on CRS income, PE, and attribution. Key issues include tax liability, PE determination, and expenditure disallowance.

Section 54 benefit cannot be denied on installments paid prior to one Year window

February 15, 2021 5463 Views 0 comment Print

Prakash Pandharinath Bakre Vs PCIT (ITAT Jaipur) Benefit under section 54 is available to an individual who has transferred a long term capital asset being a ‘residential House Property’ and the assessee has either purchased one residential house in India within a period of one year before or two years after the date of transfer […]

No addition for Duly explained cash deposit for mere non appearance of creditor

February 15, 2021 1953 Views 0 comment Print

Vishnu Prasad Vs DCIT (ITAT Jaipur) In the case of the assessee, (i) the identity of Shri Hanuman remains undisputed, as the summons issued by the AO was duly served upon him, (ii) genuineness of the transaction is also proved (from books of accounts) beyond doubt, as amount paid as advance to him, duly appeared […]

Reopening after expiry of four years is invalid if no failure of assessee related to true & full disclosure

February 15, 2021 1416 Views 0 comment Print

Nike India Private Limited Vs ACIT (ITAT Bangalore) It is imperative on the part of the A.O. to show that there was failure on the part of the assessee to disclose fully and truly all material facts relating to the assessment. Admittedly, no such allegation has been made by the A.O. in the reasons for […]

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