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ITAT allows to withdrawn appeal challenging TP Adjustment due to APA

September 9, 2020 1260 Views 0 comment Print

In the instant case, ITAT allows the assessee to withdrawn the appeal filed for challenging the transfer pricing adjustment due to Advance pricing agreement filed u/s 92CC of the Income tax Act.

Section 50C | Stamp duty value of Date of agreement or registration?

September 8, 2020 14271 Views 0 comment Print

Ashokbhai Chinubhai Bharwad Vs ITO (ITAT Ahmedabad) The assessee has shown his share of sale consideration at Rs.81.00 lakhs being 25% share. The AO further found that sub-Registrar, Ahmedabad City Taluka had valued the property for the purpose of stamp duty payment at Rs.5,24,83,000/- as against sale consideration shown by the assessee at Rs.3,24,00,000/-. Therefore, […]

No penalty for not maintaining books – Calculation of Turnover from Derivative Transaction – Debatable issue – Reasonable cause

September 7, 2020 2457 Views 0 comment Print

Vijay Kumar Jain Vs ITO (ITAT Jaipur) At the outset, we note that this Tribunal has taken a consistent view that the turnover in respect of derivative transactions has to be computed by taking the total sum of positive and negative outcome of the transactions instead of the total amount of transaction. Accordingly, when the […]

Legality of Additions/ denial of TDS Credit u/s 143(1) through non speaking order

September 5, 2020 9237 Views 0 comment Print

ITAT has noted that intimation u/s 143(1) does not contain reasons for denial of TDS credit and it is nothing, but information generated in pro forma by CPC. ITAT has made observation that Intimation not only does not provide reasons but also it does not appear to be result of due examination of the issue by AO.

No section 68 addition if Assessee Proves Identity, Creditworthiness & Genuineness

September 5, 2020 10359 Views 1 comment Print

The issue under consideration is whether the addition made by the AO under section 68 by considering the the amount received as unexplained share capital and premium is justified?

No section 271(1)(c) Penalty Merely based on section 37 disallowance

September 5, 2020 2445 Views 0 comment Print

The issue under consideration is whether the cancellation of the penalty u/s 271(1)(c) by the CIT(A) is justified in law?

Bogus Purchases: ITAT reduces addition to 2% of bogus purchases

September 5, 2020 2349 Views 0 comment Print

The issue under consideration is whether the addition made by CIT(A) on account of bogus purchases at rate of 12.5% of purchase u/s 69C is justified in law?

Foreign Travel expense of director having nexus with business allowable

September 5, 2020 9378 Views 0 comment Print

Laxmi Ventures (India) Ltd. Vs DCIT (ITAT Mumbai) The issue under consideration is whether disallowance made against the foreign expense incurred for the foreign travelling of the officer is justified in law? ITAT states that, the assessee had debited a sum on account of foreign travelling expenses for Europe visit and a sum on account […]

Assessment Order Passed without Serving Notice u/s 143(2) on Correct Address as per ITR is Invalid

September 5, 2020 2529 Views 0 comment Print

The issue under consideration is whether the assessment order passed without serving of the notice u/s 143(2) on correct address as mentioned in ITR is considered as Valid order?

Date of Payment of TDS is Date of Cheque deposit with bank: ITAT Mumbai

September 5, 2020 4491 Views 0 comment Print

ITAT hold that payment of TDS by the assessee would relate back to the date of presentation of cheques by the assessee to the banker. Accordingly, TDS-CPC, Ghaziabad is directed to revise the aforesaid intimation by taking the date of tender of cheques by the assessee as the actual date of payment and re-compute interest payable by the assessee, if any. The interest demand u/s 220(2) being consequential in nature, may also be recomputed. Resultantly, the appeal filed by the assessee allowed.

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