Follow Us:

All ITAT

Foreign exchange loss due to currency fluctuation was not a speculation but a business loss

February 21, 2020 6687 Views 0 comment Print

Forward contracts in the nature of hedging transactions in course of normal import export activities to cover up losses on account of foreign exchange valuation difference results in business losses and not speculative one.

Appeal filing Threshold limit applies to both pending & future appeals

February 21, 2020 4587 Views 0 comment Print

Revised/enhanced minimum threshold limit of tax effect of Rs. 50 Lakh vide CBDT Circular No. 17/2019, dated 8-8-2019 was applicable not only for appeals to be filed by Revenue in future; but also for appeals already filed by Revenue in ITAT. Therefore, all existing appeals in ITAT, having tax effect below the revised/enhanced limit of Rs. 50,00,000, were to be treated as withdrawn/not pressed; and were, not maintainable.

No penalty for wrong interpretations of provisions of Income Tax Act

February 21, 2020 3780 Views 0 comment Print

Penalty under section 271(1)(c) could not be levied for bonafide explanation furnished by assessee as assessee had not offered interest income for tax due to wrong interpretations of the provisions of the Act, not on account of deliberate concealment of income or furnishing of inaccurate particulars of such income.

Assessee to Offer Business Income in Year in which Stock-in-Trade was Sold

February 21, 2020 3024 Views 0 comment Print

The issue under consideration is whether in case of real estate, tax liability will be arise when land was sold or when same was contributed for development under JDA?

Affordable house to low income group amount to ‘Relief to Poor’ & eligible for section 11 exemption

February 20, 2020 1170 Views 0 comment Print

The issue under consideration is that whether the activities carried out by Surat Urban Development Authority are considered as Charitable Activities and hence entitled to the exemption under section 11 of the Income Tax Act or not?

CBDT Instruction No. 1916 will not take away the benefit of explained jewellery

February 20, 2020 10776 Views 0 comment Print

The moot point discussed here is very important where in, the allowed quantity as per the Instruction no 1916 is applicable in case where the assessee does not explain the source of the jewellery and the presumptive quantity is allowed. Such quantity is a Blanket Allowance.

No Section 271(1)(c) penalty for genuine omissions in Income Tax Returns

February 20, 2020 3051 Views 0 comment Print

Omega Corrugators Pvt. Ltd Vs ITO (ITAT Mumbai) ITAT Mumbai bench has held that genuine omissions must be excluded from the levy of penalty under section 271 (1)(c) of the Income Tax Act, 1961. We find that assessee has debited a sum of Rs.3,57,541/- towards loss on sale of motor car in its profit and […]

Section 68 addition cannot be made when source of sources proved

February 20, 2020 4512 Views 0 comment Print

Veritas (India) Ltd. Vs ACIT (ITAT Mumbai) Conclusion: Assessee had established identity of investors and submitted documents to establish creditworthiness and the certificate issued by the Firm of Accountants for proving the movement of funds from ultimate investors to the foreign companies which establish genuineness of transactions thus,  assessee had discharged initial burden placed upon […]

Section 40(a)(ia) not gets attracted for lesser deduction of TDS

February 20, 2020 2424 Views 0 comment Print

DCIT Vs Chandabhoy & Jassobhoy (ITAT Mumbai) Section 40(a)(ia) can be invoked only in the event of non deduction of tax (TDS) but not for lesser deduction of tax.  Hence, this will not be the reason to disallow the expense u/s 40(a)(ia) just because of less deduction since section 40(a)(ia) can be invoked only in […]

Sec. 11 exemption cannot be denied for high salary to Doctors

February 20, 2020 2535 Views 0 comment Print

AO was not justified in denying the exemption under section 11 on the ground of excessive payment of salary and professional fees to Doctors as the services rendered by doctors who had passed out with the same degree in Cardiology (DM) could not be compared with experience doctor working in the field for the last ten years.

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930