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ITAT deletes addition for cash seized which was duly explained by Assessee

January 28, 2021 3924 Views 0 comment Print

Om Prakash Karnani Vs. ACIT (ITAT Jaipur) Undisputedly, the cash amounting to Rs. 5,34,000/- seized from the possession of Sh. Nand Lal Joshi and Sh. Nand Lal Pandya belongs to the assessee. The limited question therefore is source of such cash found and seized from the possession of these two persons which belongs to the […]

ITAT restricts Section 14A Disallowance to the extent of exempt income

January 28, 2021 1407 Views 0 comment Print

Disallowance u/s 14A got restricted to the extent of exempt income, even if the provisions of the section 14A were attracted.

Balance Unclaimed additional depreciation allowable in immediately succeeding assessment year

January 27, 2021 1308 Views 0 comment Print

Supermax Personal Care Private Ltd Vs. DCIT (ITAT Mumbai) The facts on record clearly reveal that in Assessment Year 2012-13 the assessee had purchased new plant and machinery on which additional depreciation @20% is allowable. However, since the plant and machinery were put to use for a period of less than 180 days in Assessment […]

TDS deducted on payment allowable as expense when Assessee follows cash Method

January 26, 2021 9459 Views 0 comment Print

Deloitte Haskins & Sells Vs ACIT (ITAT Delhi) Conclusion: Amount of tax deducted at source from the payment made to the recipient of such income could be said to be the amount of expenditure incurred by assessee and paid during the year and, therefore, it was allowable to assessee as business expenditure. Held: AO did […]

Adjustment on account of ALP of AMP expenses not sustainable

January 22, 2021 2334 Views 0 comment Print

Rayban Sun Optics India Ltd. Vs ACIT (ITAT Delhi) We are of the considered opinion that the ALP of an international transaction involving AMP expenses, the adjustment made by the TPO/DRP/AO is not sustainable in the eyes of law. At the same time, we cannot ignore the submission of the learned DR that the matter […]

Loss due to pull back of inventory from market on expiry of product allowable

January 22, 2021 2853 Views 0 comment Print

Hindustan Coca-Cola Marketing Company Pvt. Ltd Vs DCIT (ITAT Delhi) We have carefully considered the facts of the case that the assessee stated that approximately 10000 cases were pulled back by the assessee from the market in view of the exceptional quality issues. The assessee submitted that the above quality issue is the pulled back […]

Issue examined under original assessment cannot be reexamined by Reassessment

January 22, 2021 5970 Views 0 comment Print

Add. CIT Vs Ircon International Ltd (ITAT Delhi) When we examine the reasons recorded by the Assessing Officer in the instant case in the light of the decision of the Hon’ble Delhi High Court in the case of Madhukar Khosla (supra), it is evident that the Assessing Officer has merely perused the records available with […]

No TDS on cash medical benefit provided to LIC employees

January 21, 2021 3177 Views 0 comment Print

Assesse was under a bonafide belief that cash medical benefit were only reimbursement of the expenditure incurred by the employees, and as such they could not form part of their income, therefore,  no tax could be recovered from the employer on account of short deduction of tax at source under section 192(1), if a bona fide estimate of salary taxable in the hands of the employee was made by the employer.

Section 11(2) exemption cannot be denied merely for discrepancy in fund accumulation object in Form No. 10

January 20, 2021 14793 Views 0 comment Print

Lack of declaration in Form No.10 regarding specific purpose for which funds were being accumulated by the assessee trust would not be fatal to the exemption claimed u/s.11(2) of the Act.

Amount claimed as irrecoverable & written off allowable if same was offered to tax in previous assessment years

January 20, 2021 3381 Views 0 comment Print

Sumeru Enterprises Vs ITO (ITAT Jaipur) It is the case of the assessee that it had cancelled the allotment of certain flats in its commercial complex as the allottees/debtors refused to pay the outstanding amount towards the interest, complex maintenance charges and electric installation charges and the same were reversed and written off in respective […]

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