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Repair & maintenance charges by lease-holder are revenue Expense

February 9, 2021 2892 Views 0 comment Print

Shree Nirmal Commercial Ltd. Vs ITO (ITAT Mumbai) At the outset, the Ld. Representative of the assessee has argued that the assessee was not the owner of the property, therefore, the expenses are not liable to be capitalized in any manner. It is also argued that the assessee is the lease-holder and only claiming the […]

ITAT deletes Section 40(a)(ia) disallowance on provision for expenses

February 9, 2021 6282 Views 0 comment Print

IDBI Bank Ltd. Vs DCIT (ITAT Mumbai) During the Assessment Year (AY) 2009-10, the taxpayer made provision for expenses under the head ‘repairs and maintenance’ amounting to Rs. 6 million on which tax was not deducted at source. The taxpayer also made provision for ‘operation and maintenance charges’ amounting to Rs.7 million on which tax […]

Reconsider decision of exclusion of Ice Cream from Composition Scheme: HC directs GST Council

February 9, 2021 1662 Views 0 comment Print

Del Small Ice Cream Manufacturers Welfare’s Association (Reg.) Vs Union Of India & Anr (High Court Of Delhi) Hon’ble High Court direct the GST Council to reconsider the exclusion of small scale manufactures of ice cream from the benefit of Section 10(1) of the Act, including on the aforesaid two parameters i.e. the components used […]

Section 153C: ITAT directs CIT(A) to examine recording of satisfaction

February 8, 2021 1143 Views 0 comment Print

R.N. Shetty Trust Vs ACIT (ITAT Bangalore) As per Section 153C of the Act, the Assessing Officer of searched person shall proceed against such other person on reaching satisfaction that any undisclosed income belonging to such other person over whom he has no jurisdiction then he has to transmit the seized material to the Assessing […]

Section 80IA deduction cannot be denied for use of same technology & Production of Same product

February 8, 2021 2193 Views 0 comment Print

DCIT Vs NLC India Ltd. (ITAT Chennai) The main objection of the AO is that the new unit started cannot be considered as separate undertaking because it is using the same manufacturing technology and the finished goods are also the same, i.e., power. The new unit, i.e., unit TPS-I Expansion is nothing but the expansion […]

Purchases not become Bogus merely for non-production of Parties

February 8, 2021 2451 Views 0 comment Print

ACIT Vs. M/s GTM Builders & Promoters Pvt. Ltd. (ITAT Delhi)  As per accounting standards AS-7, the purchases and working progress have to be reconciled along with architect report. The AO has not rejected the books of accounts and accepted the book profits while making the addition. The Assessing Officer’s observation that none of the […]

Input Tax Credit Written off In Books of Accounts is allowable U/s. 37(1)

February 8, 2021 22464 Views 0 comment Print

FIH India Private Limited Vs DCIT (ITAT Chennai) There is no dispute with regard to the fact that the assessee has written off input Service Tax during the impugned financial year relevant to assessment year 2010-11. But, the dispute is with regard to deductibility of input service tax. The AO has disputed deduction claimed by […]

Compensation for pre-closure of Contract Manufacturing Agreement is non-taxable Capital Receipt

February 8, 2021 1611 Views 0 comment Print

Sai Mirra Innopharm Private Limited Vs ITO (ITAT Chennai) On perusal of details filed by the assessee, we find that the assessee has entered into a contract manufacturing agreement with Dr.Reddy’s Laboratories Ltd., for a period of 10 years for manufacturing of drugs as per the specification provided by the principals, but the know-how required […]

Income from licensing fully furnished hotel with license to run hotel is business receipt

February 8, 2021 1551 Views 0 comment Print

Dodla International Ltd. Vs ACIT (ITAT Chennai) ITAT held that  license fee received by the assessee for licensing a fully furnished hotel along with license to run the hotel is a business receipt, which is assessable under the head ‘income from business or profession’ but not a rental income, which is assessable under the head […]

Expense cannot be disallowed for internal financial arrangements to fund expenditure

February 8, 2021 1500 Views 0 comment Print

Power Company of Karnataka Ltd. Vs ACIT (ITAT Mumbai) Conclusion: Since there were internal financial arrangements made by assessee with ESCOMs to fund the expenditure, therefore, this could not disentitle assessee to claim expenditure in accordance with the Act and the income of assessee had to be computed under the provisions of the Act without […]

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