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Foreign tax credit available even on income not subjected to tax in India except foreign tax paid in Finland & Canada

November 22, 2020 3396 Views 0 comment Print

Tata Consultancy Services Ltd. Vs Addl. CIT (ITAT Mumbai) As could be seen, while the Assessing Officer has disallowed assessee’s claim of foreign tax credit in respect of income exempt under section 10A/10AA of the Act on the reasoning that only such income which is subjected to tax in both the countries would qualify for […]

No TP adjustment for delayed receivables if Same is already been factored in working capital adjustment

November 21, 2020 1533 Views 0 comment Print

Barco Electronic Systems (P) Ltd. Vs DCIT (ITAT Delhi) We have noted that the assessee is not charging interest on overdue debts from the third parties and also the assessee is a debt free company and not paying any interest on funds utilized is business. We have also noted that the assessee company has a […]

ITAT excludes comparable having turnover more than 31 to 62 times

November 21, 2020 861 Views 0 comment Print

Transcend MT Services Pvt. Ltd. Vs DCIT (ITAT Delhi) Assessee has also argued for exclusion of Infosys BPO Ltd, which is having the turnover more than 31.29 times, and TCS E serve Ltd having turnover of 62 times larger than the assessee does. Therefore, for the reasons given by us for exclusion of I gate […]

TDS not deductible on Agency Commission paid to Overseas Agents not having PE in India

November 21, 2020 11976 Views 0 comment Print

DCIT Vs Shamrock Pharmachemi Pvt.Ltd. (ITAT Mumbai) We find that assessee is engaged in the business of trading activity of import and export of pharmaceutical ingredients, chemicals and intermediates. We find that the assessee debited a sum of Rs. 4,18,50,792/- in its profit and loss account towards export commission paid to overseas agents, who arrange […]

Interest paid on borrowed funds used for business cannot be disallowed

November 21, 2020 3789 Views 0 comment Print

ACIT Vs Chinsha Property Pvt Ltd. (ITAT Mumbai) Since the company was engaged in the business of real estate, property in Tulsiwadi was acquired for redevelopment. Hence, commercial expediency/business purpose assessee had invested ₹.11.25 Crores in the project. Therefore, interest cannot be disallowed. Ld. DR submitted that Assessing Officer disallowed the interest observing that assessee […]

Section 41(1) No Addition without evidence of cessation of trading liability

November 21, 2020 5862 Views 0 comment Print

Nama Properties Ltd. Vs DCIT (ITAT Hyderabad) In the decisions relied upon by the learned Counsel for the assessee it was held that the genuineness of the trade payables or creditors has to be examined in the year in which they originate and that unless the liability becomes unenforceable or is written off by the […]

No section 54 Deduction denial for mere Non-Completion of Construction of New House

November 20, 2020 4371 Views 1 comment Print

The issue under consideration is whether the CIT(Appeals) was justified in denying the benefit of deduction to assessee u/s. 54 of the Income Tax Act, 1961?

ITAT Restricts addition for Bogus Bills at 5% of bogus purchases

November 20, 2020 2280 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in confirming the addition made by AO for non-genuine and bogus purchases by applying profit rate at the rate of 12.5% of the bogus purchases?

ITAT deletes Addition of sales tax incentive receipt in case of RIL

November 20, 2020 1596 Views 0 comment Print

Reliance Industries Ltd. Vs ACIT (ITAT Mumbai) The issue under consideration is whether deletion of addition of sales tax incentive/ subsidy as capital in nature is justified in law? In the present case, the assessee in this case is engaged in the business of oil and gas exploration, refining of crude oil, manufacturing of and […]

Interest Income on FDR’s Pledged to obtain Contract is Business Income

November 20, 2020 2196 Views 0 comment Print

The issue under consideration is whether the interest income on FDR’s pledged for security purposes in obtaining the contract business comes within the ambit of business income?

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