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Deduction u/s 54F Not Eligible for Investment Made in two Differently Placed Properties

November 28, 2020 7371 Views 0 comment Print

The issue under consideration is whether the investment made in two different properties out of the capital gains is eligible for deduction u/s 54F?

Revenue Generated from Bookings Made within India Attributable to PE, Hence Taxable in India

November 28, 2020 1728 Views 0 comment Print

The issue under consideration is whether revenue generated from the bookings made within India is the revenue attributable to the PE of the assessee is taxable in India?

Income Tax cannot be levied on Securities Premium Merely because It Used to Set Off Losses

November 28, 2020 3366 Views 0 comment Print

The issue under consideration is whether tax is applicable on securities premium merely because it used to set off losses? AO does not have the jurisdiction to go beyond the net profit shown in the Profit & Loss Account except to the extent provided in the Explanation to section 115J.

Netting off Interest Expenditure against Interest Income in absence of direct relation Not Allowed

November 28, 2020 2055 Views 0 comment Print

The issue under consideration is whether the netting off interest expenditure against interest income is allowed u/s 56 of Income Tax Act?

Claim Allowed in Original Assessment Cannot be Amenable to Provisions of Section 147/148

November 28, 2020 1218 Views 0 comment Print

The issue under consideration is whether the notice issued under section 147 for re-opening of assessment is justified in law? A claim which has been allowed in the original assessment proceedings after examination of the relevant details and facts cannot be amenable to provisions of Section 147/148 of the Act.

ITAT Remand Case to AO for Determining ALP of Purchase Transaction of FA by Appellant to its Overseas AEs

November 28, 2020 1890 Views 0 comment Print

The issue under consideration is whether rejecting the benchmarking approach and methodology followed by the Appellant for determining the ALP of the transactions pertaining to purchase of fixed assets by the Appellant to its overseas AEs is justified in law?

AO cannot made addition under section 68 despite furnishing of confirmations on flimsy Grounds

November 27, 2020 4191 Views 0 comment Print

Nirja Khatuwala Vs ITO (ITAT Gauhati) I note that the out of total outstanding credits of Rs. 2,23,89,337/-[total number of sundry creditors were eleven (11)], the Assessing Officer was not satisfied about the genuinity in respect of credit worth Rs. 34,35,509/- i.e. only in respect of three sundry creditors which comes to 16% of total […]

Enhancement by CIT(A) on an issue which were not part of reasons recorded for reopening the assessment are invalid

November 27, 2020 1716 Views 0 comment Print

Harendra Singh Vs ITO (ITAT Delhi) CIT(A) while deleting the sole foundational issue on which the re-assessment proceedings were initiated, cannot go further and examine an issue which was not even the subject matter of re-assessment proceedings Since the reopening was to verify the purchase transaction and since the said transaction never took place and, […]

Education cess is not disallowable under section 40(a)(ii)

November 27, 2020 1941 Views 0 comment Print

DCIT Vs GE BE Pvt. Ltd. (ITAT Bangalore) Conclusion: Education cess is not tax and thus not disallowable under section 40(a)(ii). Held: Assessee-company was engaged in the business of contract manufacturing of components and parts of medical diagnostic imaging equipment and also engaged in provision of engineering design services to its affiliate worldwide. Assessee had […]

No section 40A(2) disallowance for Payment Made to Sister-In-Law

November 27, 2020 4731 Views 0 comment Print

Rajesh Bajaj Vs DCIT (ITAT Allahabad) The ld. counsel for the assessee has contended that Alka Bajaj and Preeti Bajaj are sister-in-law of the assessee and therefore do not fall in the definition of relative as provided u/s 2(41). This fact is not disputed by the Revenue and therefore, the payment to these two persons […]

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