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No Section 271D Penalty for cash received from commission agent against sale of crops

June 6, 2020 4038 Views 0 comment Print

Transactions between the assessee and the Commission Agent were relating to the sale of agriculture crops, therefore, there was no receipt or repayment of loan or deposit, accordingly penalty levied by the A.O. and sustained by the Ld. CIT(A) under section 271 E of the Act is also deleted.

If Control & Management rests with individual, then tax must be levied on individual capacity

June 6, 2020 1338 Views 0 comment Print

The issue under consideration is whether the appellant was to be assessed in the capacity of an Association of Person (AOP) or the members of the AOP were assessable to tax separately in their individual capacity?

Maintenance service charges cannot be taxed as House Property Rental Income

June 6, 2020 38163 Views 0 comment Print

The issue under consideration is whether the maintenance service charges is charged under head income from house property along with rent?

Section 14A applies to share of profit from partnership firm

June 6, 2020 10491 Views 0 comment Print

The issue under consideration is whether Section 14A will be applicable on Profit sharing from Partnership Firm, which is exempt in the hands of partners?

No Section 271AAB Penalty on Income voluntarily admitted during Search

June 6, 2020 2472 Views 0 comment Print

The issue under consideration is whether the penalty levied u/s 271AAB of the Act is justified on Income voluntarily admitted during Search by Appellant?

High rate Depreciation Not allowed on vehicles used for Advertisement

June 5, 2020 1053 Views 0 comment Print

Whether the higher rate of depreciation can be granted to the vehicles used for the display of advertisement under the provisions of the Income Tax Act, 1961.

ill-health of responsible person is genuine reason for delay in appeal filing

June 5, 2020 5403 Views 0 comment Print

The issue under consideration is whether condonation of delay in filing of the appeal granted for the reason of ill-health of director responsible for decision making?

Waiver of Working Capital Loan Taxable u/s 28(iv) and not u/s 41(1)

June 5, 2020 6381 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in deleting the addition made by AO u/s 41(1) for waiver of working capital loan and charge it u/s 28 of the Act?

No TDS u/s 194H for Prepaid SIM & 194J for Roaming Charges

June 5, 2020 5133 Views 0 comment Print

AO considered assessee as assessee in default in respect of non-deduction of TDS under Section 194H and 194J of the Act on payment of commission and fees for professional or technical services and passed an order under Section 201(1) & 201(1A) of the Act.

Depreciation not allowed on Leasehold Rights as same is not Intangible Assets

June 5, 2020 45102 Views 0 comment Print

The issue under consideration is whether the leasehold rights is considered as intangible assets and hence eligible for depreciation under section 32(1)(ii)? ITAT hold that the lease hold rights are not eligible for depreciation u/s.32(1)(ii) of the Act considering it as intangible rights and, accordingly, dismiss the ground of appeal of the assessee.

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