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Assessment reopening based on Wrong Appreciation of Facts is unsustainable

August 10, 2020 1596 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 on the basis of wrong appreciation of facts can be sustained in law?

Income cannot be taxed merely for payment of tax on similar income in earlier years

August 10, 2020 912 Views 0 comment Print

DDIT (International Taxation) Vs M/s. SET Satellite (Singapore) Pte. Ltd (ITAT Mumbai) At the time of hearing of these appeals, it was brought to our notice that in assessment years 1999-2000 & 2000-01, identical issue had come up for consideration before the Tribunal; and the Tribunal had reversed the orders of CIT(A) and held that […]

No Section 271F Penalty if Reasonable Cause exists for Non Filing of ITR

August 10, 2020 52533 Views 0 comment Print

The issue under consideration is whether the Penalty u/s 271F will be levied for non filing of Income Tax Return even in case of reasonable cause?

Onus to prove that income falls under Exemption provisions Fully Lies on Taxpayer

August 8, 2020 3255 Views 0 comment Print

ITAT reiterate that the assessee is seeking to claim exemption from income tax on gains arisen from sale of land on the ground that the land was an agricultural land used for agricultural purposes by the assessee and the onus is on the assessee to prove that its case strictly falls under exemption provisions as are contained in the 1961 Act. Thus, the appeal filed by the assessee is allowed for statistical purposes.

Section 234B interest cannot be imposed on Payee in case of Failure of Payer to Deduct TDS

August 8, 2020 1524 Views 0 comment Print

ITAT states that under this issue the assessee has challenged the levy of interest u/s 234B of the Act. The payer is under obligation to deduct the tax at source and on account of failure of payer to deduct the tax at source, the penalty interest u/s 234B cannot be imposed on the payee.

Section 14A disallowance cannot exceed Actual Expense incurred for earning exempt income

August 8, 2020 1644 Views 0 comment Print

The issue under consideration is whether the disallowance under 14A can be exceed the actual expenditure incurred in this regard?

If two Constructions are Possible then one in Favour of Assessee should be Applied

August 8, 2020 1896 Views 0 comment Print

The issue under consideration is whether late fee u/s 234E can be levied prior to 1.6.2015 i.e. prior to enactment of section 234E?

Stamp duty on lease deed for carrying on of business allowable

August 8, 2020 8181 Views 0 comment Print

Period of lease for which the property has been taken cannot be regarded as a decisive test to determine the nature of the expenditure. It is not disputed that the stamp duty amount has been paid on lease deed for the carrying on of the business of the assessee and therefore the amount of stamp duty paid for has to be allowed as revenue expenditure.

Framing Assessment against Non-Existent Amalgamating Entity is Unsustainable

August 7, 2020 1107 Views 0 comment Print

Genpact India Pvt. Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether the framing of an assessment against a non-existent amalgamating entity is sustainable in law?

No section 68 Addition if Asessee proves Genuineness & Creditworthiness of Creditors

August 7, 2020 1833 Views 0 comment Print

The issue under consideration is whether the addition on account of advances from customers treating the same as unexplained liability (Section 68) is justified in law?

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