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Addition for bogus purchases Limited to difference between Gross & Normal profit

July 17, 2020 1680 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in enhancing the disallowance on account of bogus purchases to 100% as against 12.5% disallowance done by AO?

Important Insights from the case of Abdul Hamid Vs ITO

July 17, 2020 3378 Views 0 comment Print

Shri Abdul Hamid Vs ITO (ITAT Gauhati) Important facts of the case: 1) The assessee was engaged in the retail business of eggs & was also the partner of a partnership firm M/s Nihar Enterprises. 2) During the Regular Assessment Proceedings for Assessment year, 2014-15 AO found that a Bank Account @ Central Bank of […]

Section 11 Exemption cannot be Denied Merely because Income is Exempt from Principles of Mutuality

July 17, 2020 1866 Views 0 comment Print

The issue under consideration is whether the exemption u/s 11 will be allowed against the interest income, exchange gain, and miscellaneous income to the Confederation of Indian Textile Industry?

YRIPL & YRMPL do not constitute DAPE or PE of Yum! Restaurants in India

July 16, 2020 2430 Views 0 comment Print

The issue which is arising in the present appeal is whether there is DAPE. The Assessing Officer has alleged the existence of DAPE on account of alleged marketing activities undertaken by Indian entity on behalf of the assessee company.

Assessment Order against non-existent Entity would be non-est in eyes of law

July 13, 2020 2043 Views 0 comment Print

Assessment order passed by the A.O u/s 143(3) r.w.s 144C(3), in the hands of M/s Satyam Computers Services Ltd., i.e an entity that was non-existent on the date on which the assessment order was passed, had been held by the Tribunal in its aforesaid order as non-est in the eyes of law, therefore, the same does not survive and on the same terms is quashed.

Issue of Share at a premium: AO cannot change valuation method

July 13, 2020 1974 Views 0 comment Print

ITAT held that AO can scrutinize the valuation report and he can determine a fresh valuation either by himself or by calling a determination from an independent valuer to confront the assessee but the basis has to be DCF method and he cannot change the method of valuation which has been opted by the assessee.

Section 2(22)(e) Deeming fiction cannot be applied on mere suspicion

July 13, 2020 14532 Views 0 comment Print

ACIT Vs Shri Gurdeep Singh (ITAT Chandigarh) The intention behind enacting provisions of section 2(22) (e) are that closely held companies (i.e. companies in which public are not substantially interested), which are controlled by a group of members, even though the company has accumulated profits would not distribute such profit as dividend because if so […]

No liability on assessee to deduct merely based on provisions

July 13, 2020 1926 Views 0 comment Print

 The fact that provision made at the end was reversed in the beginning of next accounting year showed that there was no income accrued. Mere entries in books of account did not establish accrual of income in the hands of payee and hence there was no liability on assessee-company to deduct merely on the provisions made at year end.

Peak Credit Computation- Both deposits & withdrawal needs to be considered

July 13, 2020 1080 Views 0 comment Print

Shri B.A.Moideen Bava Vs DCIT (ITAT Bangalore) The issue raised by assessee is on merits is regarding peak credits in unaccounted bank accounts of assessee’s. It has been submitted that peak credit has to be computed on the basis of actual deposits and withdrawal and not on the basis of cash deposit alone. Accordingly, we […]

Appeal filed by assessee dismissed due to ignorant attitude of assessee towards appeal

July 12, 2020 1245 Views 0 comment Print

Appeal filed by assessee dismissed due to ignorant attitude of the assessee towards appeal.

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