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CSR expense allowable till assessment year 2014-15

December 17, 2020 1590 Views 0 comment Print

Hindustan Tin Works Ltd. Vs DCIT (ITAT Delhi) The Explanation -2 has been inserted below the section 37 (1) of the Act with effect from 01/04/2015 i.e. assessment year 2015-16. According to the said Explanation, corporate social responsibility expenditure incurred shall not be deemed to be incurred wholly and exclusively for the purpose of business […]

Allowability of short-term capital loss on depreciable asset on demolition of building

December 17, 2020 3426 Views 0 comment Print

Where the assessee company demolished the existing structure of building which was situated on the leasehold land, for constructing a new factory, and since there was no other asset in the block of assets, therefore, written down value of the said building claimed as short-term capital loss, was rightly allowed by Commissioner (Appeals).

Functionally dissimilar comparable cannot be included

December 17, 2020 1788 Views 0 comment Print

Samsung India Electronics Pvt. Vs Addl. CIT (ITAT Delhi) OTS E-Solutions Pvt. Ltd.: From the perusal of the records it can be seen that OTS E-Solutions Pvt. Ltd. was held as not comparable in subsequent assessment year i.e. A.Y. 2014-15 by the Tribunal. The functional dissimilarity is apparent on record and there are no changes […]

ITAT Lucknow deletes addition for alleged Bogus Capital Gains from Penny Stocks

December 16, 2020 4713 Views 0 comment Print

Achal Gupta Vs ITO (ITAT Lucknow) Documents clearly demonstrates that assessee had purchased shares through Brokers for which the payment was made through banking channels. The assessee had sold shares through authorized stock broker and payment was received through baking channels after deduction of STT. On Page 16 which is a copy of Bank account […]

Expense not claimed cannot be taxed on reversal

December 16, 2020 14517 Views 0 comment Print

JCIT (LTU) Vs M/s. Texas Instruments (India) Pvt. Ltd. (ITAT Bangalore) As per the submissions made by Ld A.R, we notice that the disallowance of Rs.5.54 crores made by the AO forms part of Provision for expenses amount of Rs.9.71 crores created on 31.3.2006 relevant to AY 2006-07. It was submitted that the above said […]

Valuation of Shares Issued on Premium : AO cannot reject DCF valuation Method adopted by Assessee

December 16, 2020 1668 Views 0 comment Print

M/s. Innaccel Technologies Private Ltd. Vs ACIT (ITAT Bangalore) The A.O. was of the view that the shares of the company have been over valued and accordingly asked the assessee to justify the valuation. After considering the explanations of the assessee, the A.O. took the view that the valuation report has been prepared on the […]

Section 195 not applicable if expense was not paid or claimed

December 16, 2020 1953 Views 0 comment Print

DCIT Vs Coffeeday Enterprises Ltd (ITAT Bangalore) In terms of section 195, the liability to withhold taxes arrears at the time of payment/credit of any interest (or any other sum) which is chargeable under the provisions of the Act. The payment/credit was not made till 31.03.2010 and also in terms of the Agreement, interest was […]

Addition based on third party statement without any opportunity of cross-examination to assessee not sustainable

December 16, 2020 10983 Views 1 comment Print

Where AO made addition under section 68 based on third party statement recorded by investigation wing, however, without affording opportunity of cross-examination to assessee, it amounted to violation of principles of natural justice and, therefore, addition was deleted.

Section 14A disallowance not sustainable if AO fails to records satisfaction about correctness of claim of assessee

December 16, 2020 1440 Views 0 comment Print

ITAT Kolkata quashes arbitrary disallowance by AO. Ambuja Housing wins against DCIT. Get insights into the judgment on Rule 8D and 14A.

Section 154: AO cannot revise matter decided in appeal/revision

December 16, 2020 3231 Views 0 comment Print

Nikon India Pvt. Ltd. Vs DCIT (ITAT Delhi) Section 154(1A) lays down that rectification can be done for any matter other than the matter considered and decided in appeal/revision. Thus, whene any matter had been considered and decided in any proceeding by way of appeal or revision, rectification of such matter cannot be done by […]

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