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No cancellation of registration u/s 12AA(3) since inception in absence of cogent material

November 2, 2020 4302 Views 0 comment Print

Order of the PCIT cancelling the registration since inception, u/s 12AA(3) was legally not valid as no material was being referred by PCIT and its applicability to any of the provisions of Section 2(15) and/or Section 12AA(3) while revoking the registration. 

Delete TP adjustment by way of royalty Against Himalaya Drug Company- ITAT Directs AO

November 2, 2020 1233 Views 0 comment Print

Himalaya Drug Company Vs ACIT (ITAT Bangalore) We noticed that the assessee has exported finished goods to its AEs located in various Countries and the AEs have only marketed the goods. Since the finished goods exported by the assessee are drugs and beauty care items, the assessee was required to comply with the requirement of […]

FMV of shares: Jurisdiction of AO to reject valuation methods adopted by Assessee

November 2, 2020 3153 Views 0 comment Print

Canvera Digital Technologies Pvt. Ltd Vs DCIT (ITAT Bangalore) From the details filed, Ld.AO observed that, assessee had computed the value as per DCF method and that there was nothing to suggest that DCF method was an appropriate method to value the shares. Ld.AO rejected DCF method adopted by assessee for the reasons that cash […]

Order passed without giving effect to ITAT Direction been restored to AO for fresh order

November 1, 2020 2778 Views 0 comment Print

Dell International Services India Pvt. Ltd. Vs JCIT (ITAT Bangalore) We find that before us, there are 3 grievances of the assessee. The first grievance is regarding assessee’s request for exclusion of comparable M/s. Comp-U-Learned Tech India Ltd. The second grievance is regarding assessee’s request for exclusion of CAT Technology Ltd. The third grievance of […]

AO cannot made additions by ignoring method of accounting

November 1, 2020 1488 Views 0 comment Print

Jalarani Jagruti Developers Pvt. Ltd. Vs DCIT (ITAT Mumbai) It is not in dispute that receipts in question have direct nexus with the business of the assessee and represent cash receipts against sale of shops and flats. is also not in dispute that the assessee follows project completion method of revenue recognition and that project […]

No transfer in absence of performance of obligations by Assessee- sale of development rights under JV

November 1, 2020 1929 Views 0 comment Print

ITO Vs Newtech (India) Developers (ITAT Mumbai) What was to be received by the assessee was from a joint venture, in which assessee itself was a participant, but, under the said arrangement, it was to be entirely funded by Shivalik Ventures Pvt Ltd. The essence of the arrangement was the performance of obligations by the […]

Section 153C notice without recording Satisfaction Note is unjustified

October 31, 2020 10233 Views 0 comment Print

The issue under consideration is whether the issuing notice u/s 153C to the person other than person against whom search is initiated, but without submitting satisfaction note is justified in law?

Section 14A disallowance not applicable to Insurance Companies

October 31, 2020 2523 Views 0 comment Print

DCIT Vs Edelweiss Tokio Life Insurance Ltd. (ITAT Mumbai) During assessment proceedings, it transpired that the assessee earned dividend income of Rs.17.92 Lacs and claimed the same to be exempt u/s.10(34). However, the Ld. Assessing Officer opined that since the income in case of insurance business was to be computed in terms of provisions of […]

ITAT allows Deduction u/s 80HH, 80I & 80IA on Processed Natural Gas Supply

October 31, 2020 1593 Views 0 comment Print

The issue under consideration is whether the deduction claimed u/s 80HH, 80I and 80IA for production, processing, transmission and distribution of various gases is justified in law?

Income from Sale of Land held as Stock for 13 years is Business Income

October 31, 2020 15363 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in confirming an addition of by treating sale of land as business income against the appellant’s claim as “Long Term Capital Gain”?

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