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Once quantum addition deleted, penalty u/s. 271(1)(c) has no legs to stand

October 8, 2020 5088 Views 0 comment Print

ACIT Vs Thermax Limited (ITAT Pune) Revenue has not doubted the genuinity of the return filed by the assessee and has not said that the particular of expenses claimed in the return were not correct. The expenses were claimed and quantum additions have been upheld by the Tribunal. However, in the separate proceedings of penalty […]

Expenditure on Club membership fees for business allowable

October 7, 2020 57381 Views 0 comment Print

ISGEC Heavy Engineering Ltd Vs DCIT (ITAT Chandigarh) In the present case the assessee has incurred the expenses on account of club membership fees for the employees and to entertain customers, so, these were business expenses under section 37(1) of the Act. ITAT Follows Hon’ble Supreme Court Judgment in the case of CIT Vs. United […]

Section 195 TDS not deductible on management fees paid to France entity

October 7, 2020 5364 Views 0 comment Print

Steria (India) Ltd. Vs. ACIT (ITAT Delhi) Ground number 11 is with respect to the disallowance of management services fees for non-deduction of tax u/s 40 (a) (i) of the act amounting to ₹ 206,044,024 incurred on account of management services fees, held to be fees for technical services on which tax deduction at source […]

No further disallownce U/s. 14A warranted if Voluntary disallowance by Assessee exceeds exempted income

October 7, 2020 786 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in confirming the enhancement of disallowance made by the AO over and above the amount disallowed by the assessee u/s 14A of the Act?

Section 11 exemption cannot be withdrawn merely for profit from certain incidental or ancillary activities of the trust

October 7, 2020 1920 Views 0 comment Print

JCIT(OSD), (Exemptions) Vs Patiala Improvement Trust (ITAT Chandigarh) The AO noticed that during the year relevant to the assessment year under consideration the assessee carried on the business of sale and purchase of residential plots and commercial properties and earned huge net profit of Rs. 9,95,74,223/-, which does not fall within the ambit of the […]

Order passed without disposing objections against section 148 notice was invalid

October 6, 2020 10086 Views 0 comment Print

Girraj Prasad Gilara HUF Vs ITO (ITAT Jaipur) The revenue has not disputed that the assessee has raised the objections vide letter dated 19th July, 2016 against the notice issued under section 148 of the IT Act. Assessee has raised the objections against the reopening of the assessment on the ground that there is no […]

Treat foreign exchange loss in accordance with Section 43A: ITAT

October 6, 2020 3243 Views 0 comment Print

Shin-Etsu Polymers India P. Ltd. Vs DCIT (ITAT Chennai) We have observed that the authorities below have commented while disallowing these foreign exchange losses on conversion of outstanding balance in foreign currency into Indian rupee on the date of Balance Sheet as at year end to be on account of outstanding unsecured loans which were […]

Membership Fees Paid to Stock Exchange Allowed as Capital Expenditure

October 6, 2020 2040 Views 0 comment Print

The issue under consideration is whether the sum of admission fees paid to stock exchange will be allowed as capital expenditure? In light of Hon’ble Supreme Court judgement in the case of Techno Shares and Stocks Limited (supra) membership of stock exchange is to be treated as a capital asset.

Expense on buy-back of shares is revenue expenditure

October 6, 2020 11229 Views 0 comment Print

DCIT Vs Ocwen Financial Solutions Pvt. Ltd.(ITAT Bangalore) Facts- 1. Treatment of expenditure incurred on buy-back of shares- An assessee has spent amount of INR 8,90,961 on buy-back of shares and debited the same to Profit & Loss Account treating the same as ‘revenue expenditure’. AO treated the same as ‘capital expenditure’. 2. Set-off of […]

ITAT Grants the Stay of Demand for 2nd Time to Assessee as MAP Proceedings are Still Pending

October 6, 2020 1551 Views 0 comment Print

The issue under consideration is whether the stay of demand will be granted for the 2nd time to the assessee or not?

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