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No Penalty for Delay in filing of tax audit report due to Virus in computer system or for mere technical venial breach

February 5, 2019 2070 Views 0 comment Print

M/s. Johns Biwheelers Vs. ACIT (ITAT Cochin) In this case, the assessee was required to get his books of account audited and filed along with the return of income u/s. 44AB within the due date of 30/09/2013 for the assessment year 2013-14. However, the audit report was furnished only on 28/03/2014. The contention of the […]

Benefit of section 10(37) cannot be denied for acquisition through negotiated sale deed

February 5, 2019 2829 Views 0 comment Print

Merely because the sale price is fixed through a negotiated settlement will not take away the proceedings from the Land Acquisition Act when the relevant provision of the Act are invoked.

Exemption u/s. 54F on multiple units in same building received under JDA

February 5, 2019 4488 Views 0 comment Print

Smt. Roopa Vs ITO (ITAT Bengalore) ITAT held that assessee’s claim for exemption u/s 54/54F of the Act in respect of 2 flats in the same residential building complex is squarely covered in favour of the assessee by the decision of the Hon’ble Karnataka High Court in the case of CIT Vs. Smt. K. G. […]

Reopening based on reason to suspect is invalid

February 5, 2019 2307 Views 0 comment Print

Urvish B. Mehta Vs ITO (ITAT Mumbai)  “reason to believe”and not “reason to suspect” The undisputed facts are that, the Assessing Officer received information from the DGIT (Inv.) Mumbai who in turn has got the same from the Sales Tax Department. The information was in the form of statements/affidavits which stated that the suppliers admitted […]

No penalty on excess depreciation claim for bona fide reasons

February 5, 2019 2115 Views 0 comment Print

An excess claim of depreciation by an assessee for bonafide reasons would not justify imposition of penalty under section 271(1)(c) had also been deliberated upon by the Hon’ble High Court of Bombay in the case of CIT vs. Somany Evergreen Knits Ltd. (2013) 352 ITR 592 (Bom.)

Services intrinsic to mineral oil exploration are covered by Section 44BB

February 5, 2019 681 Views 0 comment Print

M/s Eni India Ltd. Vs JCIT (ITAT Delhi) learned AO had taken a view that in view of the decision of the Hon’ble Supreme Court in the case of ONGC vs CIT & Anr. the nature of activities involved under the contract including the sale of services of HOEC are covered by the provisions of Section […]

Reopening based on wrong facts Not Sustainable

February 4, 2019 1902 Views 0 comment Print

Harjeet Singh Vs ITO (ITAT Delhi) It can be seen that the Assessing Officer has proceeded on wrong assumption fact. The amount of Rs. 10 lacs is not supported by any cheque number whereas the allegation is that the assessee has received accommodation entry from Sh. Gupta through cheque. In my considered opinion the basis […]

TDS deductible on delayed pay-in-charges payable to sharebroker for making delayed payment

February 4, 2019 4902 Views 0 comment Print

M/s. Shree Ganeshaya Trading Pvt. Ltd. Vs ITO (ITAT Mumbai) Delayed pay-in-charges payable by the assessee to sharebroker for making delayed payment of purchase consideration for purchase of shares is infact „interest‟ within meaning of Section 2(28A) of the 1961 Act and the assessee was required to deduct income-tax at source on such interest of […]

No provision for withdrawal of recognition U/s. 35(1)(ii)

February 4, 2019 4320 Views 0 comment Print

DCIT Vs Maco Corporation India (P) Ltd. (ITAT Kolkata) There is absolutely no provision for withdrawal of recognition under section 35(1)(ii) of the Act. Hence, the so-called withdrawal of recognition under section 35(1)(ii) in  the hands of the payee organizations could not affect the rights and interests of  assessee herein for claim of weighted deduction […]

Ad-hoc disallowance without pointing out any defects in books or vouchers not sustainable

February 4, 2019 14115 Views 1 comment Print

ACIT Vs M/s. Modi Rubber Limited (ITAT Delhi) Disallowance had been made on ad-hoc basis without pointing out any defects in assessee books or vouchers maintained for impugned expenses, and, the same was not, therefore, sustainable. FULL TEXT OF THE ITAT JUDGMENT This appeal has been filed by the Revenue against the order dated 20/01/2014 […]

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