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Second Re-Assessment Notice Issued against Johnson & Johnson is Rejected by ITAT

August 25, 2020 1035 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 of the Act is justified in law?

ITAT explains Transfer pricing implications for interest free loan

August 25, 2020 6282 Views 0 comment Print

Motherson Sumi Infotech & Designs Ltd. Vs DCIT (ITAT Delhi) We find that the next issue raised is against the transfer pricing adjustment made on account of interest due on receivables outstanding. The said issue stands covered in favour of the assessee by the decision of the Tribunal in M/s. Global Logic India Ltd. for […]

Deduction u/s 54F cannot be denied if a person holding one more residential property in joint name

August 25, 2020 4251 Views 0 comment Print

Disallowance of assessee’s claim for deduction under section 54F on the ground of assessee holding one more residential property in joint name along with his wife, could not be sustained as although in purchase deed, name of assessee was also there along with name of wife and purchase consideration of second residential property was paid by her out of joint/her individual bank account however, assessee’s wife was having sufficient own funds in that joint bank account received as her share in sale proceeds of shares. 

All Addition Invalid If No Incriminating Material Found During Search

August 25, 2020 3726 Views 0 comment Print

DCIT Vs Venus Overseas Pvt. Ltd. (ITAT Delhi) The common grievance in all these appeals relates to the deletion of the addition made u/s 68 of the Act on account of unexplained share capital and premium though quantum may defer in each year. Vide application dated 30.01.2020, the assessee has invoked Rule 27 of the […]

Architectural Services provided to Singapore Entity Taxable at 10% when DTAA Benefit is Available

August 24, 2020 1977 Views 0 comment Print

The issue under consideration is whether the architectural services provided to Singapore Entity taxable at 10% or 20% when the benefit of Double Taxation Avoidance Agreement (DTAA) is available?

Section 11 exemption for accumulation cannot be denied for non-filing of Form No. 10

August 24, 2020 4296 Views 0 comment Print

That non filing of the Form No. 10 within stipulated period may be an irregularity but not illegality, if the assessee cures the defect during assessment proceedings, the assessee is entitled to the benefit of accumulation as provided u/s 11(2) of the I.T. Act.

Extension of Stay of Demand Allowed if Delay in Not Disposing of Appeal is Not Attributable to Assessee

August 21, 2020 1527 Views 0 comment Print

The issue under consideration is whether the second extension of stay of demand against ITAT appeal will be allowed to the assessee?

In a tax neutral exercise, no addition towards unutilized CENVAT credit is warranted

August 21, 2020 1341 Views 0 comment Print

whether the CIT (A) is correct in confirming addition u/s 145A of the Act to closing stock for unutilized Cenvat credit in respect of credit inputs or capital goods purchased?

Section 80P Deduction eligible on Bonus in the nature of dividend by KMF to Co-op Society

August 21, 2020 2220 Views 0 comment Print

The issue under consideration is whether the deduction u/s 80P is allowed against the bonus received by the Co-operative Society from M/s. Karnataka Co-operative Milk Producers’ Federation (KMF)?

LTCG cannot be considered as bogus in absence of any evidences

August 20, 2020 1932 Views 0 comment Print

whether addition made by AO u/s 68 as Unaccounted/Unexplained Income by treating the Long Term Capital Gain as Manipulated Transaction is justified in Law?

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