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Cess allowable in computation of Income from Business or Profession

December 26, 2020 1650 Views 0 comment Print

Overseas Polymers Private Limited Vs ACIT (ITAT Mumbai) Legislature in Sec. 40(a)(ii) has though provided that ‘any rate or tax levied’ on ‘profits and gains of business or profession’ shall not be deducted in computing the income chargeable under the head ‘profits and gains of business or profession’, but then there was no reference to […]

Interest allowed U/s. 24(b) cannot be allowed as part of cost of acquisition

December 26, 2020 3942 Views 0 comment Print

Shree Bal Properties & Finance P. Ltd Vs PCIT (ITAT Mumbai) Admittedly, the assessee while computing its income in the previous years under the head ‘Income from House Property‘ had claimed deduction u/s 24(b) of the interest paid on loan raised from ‘Janalaxmi Co-op Bank Ltd’, which funds are stated to have been utilized in […]

Bonafide switch from Percentage to Project completion method allowable

December 24, 2020 1782 Views 0 comment Print

DCIT Vs Runwal Multihousing Pvt. Ltd. (ITAT Pune) we find that the assessee was regularly following the Percentage completion method by valuing the closing work-in-progress at estimated realizable price. Certain unforeseen circumstances developed. The assessee switched over from the Percentage completion method to the Project completion method by filing a revised return. It is not […]

TP Adjustment: Payment made for management related activities under CSA- ITAT remanded the issue back to AO

December 24, 2020 672 Views 0 comment Print

Atotech India Pvt. Ltd. Vs DCIT (ITAT Delhi) TP Adjustment: Payment made for management related activities under CSA- ITAT remanded the issue back to AO We find that the only controversy involved in all the assessee’s appeals is with regard to payment made for management related activities under CSA which has been taken at ‘Nil’ […]

Outward Freight not to be considered for TP adjustment as same doesn’t operate from transaction perspective

December 24, 2020 1380 Views 0 comment Print

Outward freight in India except the freight for import of material distributed be not considered for adjustment as it is not operating from transaction perspective. 

Property registration not must for constituting ‘Transfer’ as per pre-amended section 53A of TPA Act

December 23, 2020 4047 Views 0 comment Print

Assessee had handed over possession of the property to M/s. V.S. K Associates in the year 2000 on receiving substantial part of consideration which constituted transfer u/s. 2(47)(v) read with section 53A of the TPA attracting taxability of capital gain in the A.Y. 2001-02. Thus, the same could not once again be taxed in the assessment year 2007-08. 

No addition for under invoicing merely based on Section 132(4) statement

December 23, 2020 2082 Views 0 comment Print

DCIT Vs Bharathi Consumer Care Products Pvt. Ltd. (ITAT Visakhapatnam) In the instant case there was no evidence found in the premises of the assessee to show that the assessee is under invoicing the sales. No other material was found and seized from the premises of the assessee with regard to receipt of cash from […]

Share premium amount : No Section 68 addition for flimsy reasons

December 23, 2020 1857 Views 0 comment Print

ACIT Vs. Brindavan Agencies Pvt. Ltd. (ITAT Delhi) It is seen that the appellant has filed sufficient documents e.g. Permanent Account Numbers, bank statements, etc. to establish the identities of the four share applicants. The copies of the bank statements of the share subscribers wherein the transactions are reflected as well as the fact that […]

Section 54 deduction eligible on investment in house purchased abroad within stipulated time u/s 139(4)

December 23, 2020 2916 Views 0 comment Print

Joseph K. Zachariah Vs ACIT (ITAT Bangalore) Section 54(2) of the Act has two conditions for availing deduction u/s 54(1) of the Act. Firstly, the assessee has to utilize the capital gain in purchase of new property before the due date of furnishing the return of income u/s 139 of the Act, which encompasses sub-section […]

CIT(A) Cannot Reject Appeal merely on Technical Grounds

December 22, 2020 1530 Views 0 comment Print

Nirmala Devi Vs ITO (ITAT Delhi) Learned Counsel for the Assessee contended that assessee has uploaded the demand notice as well as paid the fees for filing of the appeal which have not been taken into consideration and that only one notice was issued for which date assessee sought adjournment which was also rejected. Therefore, […]

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