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No Section 54B exemption if new land not purchased within a period of 3 years

July 12, 2020 1113 Views 0 comment Print

Bhagwan Keshu Sakhare Vs ITO (ITAT Pune) The issue under consideration is whether CIT is correct in denial of exemption u/s 54B of the Act? In the present case, the case of assessee is selected for limited scrutiny under CASS for the reason of “Deduction claimed under the head capital gains”. After claiming deduction for […]

Software Expenses on Upgradation allowed as Revenue Expense

July 12, 2020 7197 Views 0 comment Print

The issue under consideration is whether the software expenses are allowed as revenue expenditure? Software Expenses incurred for Upgradation are Allowed as Revenue Expenditure.

Bar Council eligible for Registration u/s 12AA & Exemption u/s 80G

July 12, 2020 2826 Views 0 comment Print

The issue under consideration is whether the CIT is correct in rejecting the application filed by Bar Council of Delhi seeking registration u/s 12A (a) of the Income Tax Act?

Business Promotion Expenses for Precious items allowed partially considering nexus with Turnover

July 12, 2020 8589 Views 1 comment Print

The issue under consideration is whether AO and CIT(A) are correct in disallowing the Business Promotional Expenditure declared by the assessee?

Stamp Duty to obtain Business Premises on Lease is Revenue Expense

July 12, 2020 17658 Views 0 comment Print

The issue under consideration is whether the stamp duty paid for obtaining the business premises on lease is deductible under section 37 of the Income Tax Act, 1961?

Section 201(3)(ii) Limitation not applicable to Non resident Assessee

July 10, 2020 2559 Views 0 comment Print

ITO Vs Bata India Ltd. (ITAT Kolkata) There is no dispute on the basic fact that the Assessing Officer’s order herein dated 10.06.2009 passed u/s 201(1A) r.w.s. 195 of the Act has raised interest payment in issue of ₹1,02,545/- for the reason that it failed to pay the TDS deducted on royalty payments to the […]

Sale of Shrink-wrap software Not Taxable as Royalty in India

July 10, 2020 2136 Views 0 comment Print

The issue under consideration is whether the contention of AO is correct in holding that the income from sale of shrink-wrapped software is taxable in India as a royalty?

TCS not applicable on Scrap generated from Trading Activities

July 10, 2020 26571 Views 1 comment Print

The issue under consideration is whether the TCS u/s 206C at 1% will be applicable on sale of scrap not generated out of manufacturing activities?

No Section 263 invocation If AO taken One possible view out of Many

July 10, 2020 966 Views 0 comment Print

PCIT’s action under challenge is not sustainable since the Assessing Officer had taken one of the possible views only in this factual backdrop. It is reversed therefore.

After accepting declaration of Assessee during Survey AO cannot tax the amount in different AY

July 10, 2020 1224 Views 0 comment Print

Laxmi Narayan Jewellery Vs ITO (ITAT Cuttack) From the order passed u/s.143(3) of the assessment year 2012-2013, there is no any single word found in regard to survey proceedings u/s.133A of the Act, whereas the documents were available with the same AO i.e. Ward-2(2), Balasore and the assessee accepted some discrepancy in stock and agreed […]

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