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Excise Duty related to earlier years allowed under section 43B

August 19, 2020 3168 Views 0 comment Print

In the instant case, the assessee in the year under consideration has claimed an expense under the head prior period item in its profit and loss account. Such prior period item was representing the excise duty with respect to waste i.e. Spent Earth generated during the manufacturing process. The assessee during the assessment proceedings admitted that such expenses pertains to the earlier year but the same is allowable on payment basis under section 43B of the Act.

Shortfall Due to its Excess Spending allowed to C/F in full for Set off against Incomes – Section 11

August 19, 2020 2025 Views 0 comment Print

The issue under consideration is whether where a trust has incurred shortfall due to its excess spending in a particular year, such deficit or shortfall allowed to be c/f in full for set off against the incomes in  subsequent years under s.11(1)(a) and Section 11(1)(b) of the Act?

No addition for other items if addition for reopening of reassessment not survives

August 19, 2020 1335 Views 0 comment Print

Naresh Kumar Garg Vs ACIT (ITAT Delhi) When the grounds for reopening the reassessment do not exist any longer and no additions were ultimately made on that account, the addition in respect of the other items, which were not part of the ‘ reasons to believe’cannot be made. ITAT states that it is evident that […]

ITAT held short Term Capital Loss from a penny stock as Bogus

August 19, 2020 4461 Views 0 comment Print

Shri Sanjay Kaul Vs ITO (ITAT Delhi) Whether the transaction carried out by the assessee and the claim of the short Term Capital Loss is in the normal course of the investment activity of the assessee. We find that the Assessing Officer has referred to investigation done by the Directorate of Investigation, Kolkata, to highlight the […]

In absence of agreement SDV on First Digital Payment date can be adopted for Section 50C & 56(2)(x)

August 19, 2020 3570 Views 0 comment Print

The issue under consideration is whether the stamp duty valuation at the time of first digital payment can be adopted if the agreement to sale is lost or inaccessible for any reason whatsoever?

No addition for AMP transactions in absence of International Transaction between Taxpayer & AE

August 18, 2020 849 Views 0 comment Print

The issue under consideration is whether addition made on account of Advertisement, Marketing, and Sales Promotion (AMP) transactions is justified in law?

Carbon Credit sale receipt is Capital Receipt & Not Liable to Tax

August 18, 2020 2448 Views 0 comment Print

DCIT Vs Bhoruka Power Corporation Ltd. (ITAT Bangalore) The issue under consideration is whether receipt on account of sale of carbon credit is Revenue Receipt or Capital Receipt? ITAT states that carbon credit is in the nature of ‘an entitlement’ received to improve world atmosphere and environment reducing carbon, heat and gas emissions. The entitlement […]

Object beneficial to a section of public is an object of general public utility

August 18, 2020 858 Views 0 comment Print

Delhi Police Education Fund Vs CIT (ITAT Delhi) Assessee argued that the assessee is involved in promoting the post Higher Secondary Education and fulfils the test of Section 2(15) of the Act, the definition of charitable purpose. Ld. DR argued that the assessee’s activities are limited to the wards of the Police personnel. Hence, it […]

Taxability of ‘Referral fees’ for technical services under India-Singapore DTAA

August 18, 2020 5286 Views 0 comment Print

Edenred Pte Ltd. Vs DDIT (ITAT Mumbai) In the instant case, the appellant has received fees for referral services/other services of Rs.39,94,209/- from Surf Gold in the year under consideration. It is relevant to mention here that as per the India-Singapore DTAA, the services in the nature of managerial, technical or consultancy nature are taxable […]

Section 56(2)(vii)(b) Not Applicable if It Is Not Enacted as on Date of Agreement

August 17, 2020 26079 Views 0 comment Print

The issue under consideration is whether provisions of section 56(2)(vii)(b)(ii) are applicable on difference between consideration paid for purchase of property and SRO value as on date of agreement?

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