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Section 43B not applicable on electricity duty collected on behalf of Government

November 4, 2020 2583 Views 0 comment Print

Paschimanchal Vidhyut Vitran Nigam Ltd. Vs DCIT (ITAT Delhi) AO noticed that assessee had made assessment of electricity duty of Rs. 5,52,98,00,000/- of which Rs. 3,44,22,00,000/- was adjusted from the subsidy and the balance amount of Rs.2,08,76,00,000/-was not paid by the assessee before filing the return of income. Assessee was asked to justify as to […]

Salary refunded to Comply with Company Law cannot be taxed

November 4, 2020 1788 Views 0 comment Print

DCIT Vs Rajamannar Thennati (ITAT Ahmedabad) The assessee was employed with Sun Pharma Advance Research Co. Ltd. as whole time director of the company with maximum salary of Rs. 3.5 crores as per the resolution passed in the annual general meeting of the company dated 31st July, 2012. Since there was limit for payment of […]

No Section 14A disallowance without Recording Proper Satisfaction

November 4, 2020 1140 Views 0 comment Print

The issue under consideration is whether the disallowance made by AO u/s 14A is justified in law? In view of the fact that no proper satisfaction was recorded, in our considered opinion, the Assessing Officer did not acquire any valid jurisdiction for computing disallowance u/s 14A.

Liaison Office & Land Earth Station not Constitute PE in India

November 4, 2020 1278 Views 0 comment Print

The issue under consideration is whether DRP is correct in considering the Liaison Office (LO) and Land Earth Station (‘LES’) constitutes a permanent establishment (PE) in India?

No section 36(1)(iii) disallowance unless Direct Nexus between Borrowed Funds & Capital Withdrawals

November 4, 2020 2178 Views 0 comment Print

The issue under consideration is whether disallowance u/s 36(1)(iii) made by AO forming an opinion that interest bearing funds were withdrawn from the firm being capital withdrawn by the partners and interest free advances is justified in law?

NRI expense for business purpose by non-resident bank allowable

November 4, 2020 1701 Views 0 comment Print

Standard Chartered Grindlays Bank Vs ACIT (ITAT Delhi) The assessee is a non-resident banking company which carries on the business of banking and other related activities through its branches in India in accordance with the provisions of Banking Regulation Act, 1949. During the year, Indian Permanent Establishment (in short PE) of the assessee bank in […]

AO cannot dispute profitability of eligible unit If not disputed ALP of transactions covered u/s 80IA(8)

November 4, 2020 1278 Views 0 comment Print

Disallowance under section 14A read with rule 8D could not exceed tax free income earned by assessee. Therefore, AO was directed to restrict disallowance made on account of the common administrative expenses to the amount of exempt dividend income actually earned by the assessee during the year under consideration.

Provision for Mobile Phone Warranty Cannot be disallowed for mere Technology Improvement

November 4, 2020 1281 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in disallowing the provision for warranty of mobile phone merely on the basis of improvement in technology is justified in law?

Section 54EC – ITAT explains deduction of Rs. 50 Lakh & Rs. 1 Crore

November 3, 2020 9114 Views 3 comments Print

Arun Kumar B M Vs ITO (ITAT Bangalore) The Assessing Officer held that the assessee is required to invest Rs.50 lakh in REC Bonds in any financial year. The Assessing Officer also relied on the amendments made to section 54EC of the I.T.Act vide Finance Act, 2014 w.e.f. 01.04.2015. Assessee has filed this appeal before […]

Treatment of Interest on Fixed Deposit – ITAT remanded case Back to AO

November 3, 2020 5595 Views 0 comment Print

Explore Angul Sukinda Railway Ltd. vs ITO case. ITAT Cuttack decision on interest treatment for FDR and Flexi deposits. Full judgment details here.

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