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Section 153C Assessment order in the Name of Non Existing Entity is Invalid

September 2, 2020 987 Views 0 comment Print

The issue under consideration is whether Assessemnt order u/s 153C issued in the name of Amalgamated Company will be considered as valid?

Interest on delayed payment of TDS not allowable as business expenditure

September 1, 2020 76077 Views 0 comment Print

Govindam Clearing Agencies Pvt. Ltd Vs DCIT (ITAT Jaipur) AO had disallowed the interest and made an addition of Rs. 18,315/- on account of late deposit of TDS by the assessee. We find that the facts are undisputed that the assessee has claimed interest as expense incurred for delayed payment of TDS. We find that […]

Assessee eligible for refund of TDS deducted on off shore supply contracts not taxable in India

August 31, 2020 2088 Views 0 comment Print

ABB AB C/o ABB India Limited Vs DCIT (ITAT Bangalore) Assessing Officer first has to examine whether the amounts received are off shore supply contracts by the assessee were received outside the country. The learned Authorized Representative submitted that the assessee company has offered the income on on shore supply contracts. Since, the off shore […]

Assessment in the name of non-existing person or a dead person is null & void

August 31, 2020 3735 Views 0 comment Print

Search conducted on the basis of warrant of authorization issued in the name of non-existing entity and consequent assessment framed under section 243(3) read with section 153A were bad in law being nullity in the eyes of law.

Section 10AA Deduction on Enhanced Income Earned through APA

August 31, 2020 9321 Views 0 comment Print

whether the 1st proviso of section 92C(4) is triggered when the income computation for deduction u/s 10AA is enhanced only in the computation of income and no such entries are made in the books of account?

Debate on Nature of Expense- Penalty for disallowance unjustified

August 31, 2020 1194 Views 0 comment Print

Piramal Healthcare Ltd. Vs DCIT (ITAT Mumbai) We find that the assessee had claimed business promotion expenses as revenue expenditure which was sought to be treated by the ld. AO as capital expenditure. This disallowance was ultimately sustained by the Tribunal in the quantum appellate proceedings. We find that the issue in dispute was whether […]

Reopening to assess Income under different head due to change of opinion is invalid

August 31, 2020 1410 Views 0 comment Print

Reopening of assessment to assess the remuneration under the head ‘income from salary’ instead of ‘income from other sources’ constitutes difference of opinion and the AO is not permitted to reopen the assessment on difference of opinion

Depreciation not Disallowable merely for Purchase of car in Personal Name

August 30, 2020 11619 Views 0 comment Print

Whether the depreciation on car purchased by assessee can be disallowed only because the payment towards purchase of the same is made through his personal account?

Section 153A Assessment Invalid if no Incriminating Material Found during Search

August 30, 2020 3681 Views 0 comment Print

The issue under consideration is whether the assessment u/s 153A can be considered as valid even if no incriminating material found during the course of search?

Form 35 Submission with Scanned Signature for filing CIT appeal is Sustainable in Law

August 30, 2020 3606 Views 0 comment Print

The issue under consideration is whether the submission of Form 35 alongwith scanned copy of signature at the time of filing CIT appeal is sustainable in law?

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