Follow Us:

All ITAT

Disallowance u/s. 40(a)(ia) are outside the jurisdiction of section 154

November 30, 2018 2097 Views 0 comment Print

Sri Sachin Sharma Vs ACIT (ITAT Ranchi) A perusal of provisions of section 194C of the Act shows that a person is liable to deduct TDS when a contract for work is of an amount more than Rs.30,000/- or where payment for work is made to a person more than Rs.75,000/- during the financial year. […]

TDS U/s. 194J not deductible on fees for Translation of Articles

November 30, 2018 18759 Views 0 comment Print

Shri Goutam Mukhopadhyay Vs PCIT (ITAT Kolkata) It is not in dispute that the assessee has made payment of Rs. 96,000/- to Mahua Basu Mallick for displaying articles towards Cancel Awareness Programme in Bengali language pursuant to dictations given by the assessee in English. In effect, this is nothing but a payment made for translation […]

Foreign travel expenses of MD of company for business purpose allowable

November 30, 2018 15357 Views 0 comment Print

Foreign travelling expenses incurred by assessee-company for its Managing Director (MD) should be allowed as deduction as AO had no basis for holding the expenses incurred on the MDs trip to Germany as excessive or personal.

Mere Object clause in MOA not sufficient to claim rent as Business Income

November 30, 2018 6381 Views 0 comment Print

New Horizon Logiware (P) LTD Vs ITO (ITAT Delhi) AO has discussed the facts in detail and the relevant clauses of the lease deed and also mentioned that the said warehouse was already rented to present tenant (Tupperware) by earlier owner from whom assessee has purchased this building in this year. As per AO, the […]

Advance rent & security deposit cannot be treated as deemed dividend

November 30, 2018 11862 Views 0 comment Print

Shri Jinendra Kumar Jain Vs ACIT (ITAT Delhi) It is, therefore, clear from the evidence on record that assessee in fact, has let-out the joint property to the tenant company and has received advance as well as security deposit of the aforesaid amounts. The authorities below rejected the claim of assessee because the amount of […]

Loss due to reduction in Face Value of share capital is Capital Loss

November 29, 2018 9672 Views 0 comment Print

Section 2(47) is containing an inclusive definition and inter alia, it provides that relinquishment of an asset or extinguishment of any right there in amounts to a transfer of a capital asset.

Deduction U/s. 80P to cooperative society on Interest earned on FDs and saving bank deposit

November 28, 2018 11577 Views 0 comment Print

Jawala Cooperative Urban Thrift & Credit Society Ltd. Vs ACIT (ITAT Delhi) Funds kept in bank could be said to be ready for utilization by the assessee, cooperative society, in its business of providing credit facilities to its members, and therefore, the income from such monies, kept in bank, were attributable to the business of […]

Notice u/s 143(2) issued by AO before return filing has no meaning

November 28, 2018 2946 Views 0 comment Print

Shri Sudhir Menon Vs ACIT (ITAT Mumbai) The assessee filed return of income under section 148 of the Act vide letter dated 23.05.2013 stating that the original return of income can be treated as return filed in response to notice under section 148 of the Act. It means that the assessee has filed return of […]

ITAT order cannot be termed erroneous for negligence of Dept

November 28, 2018 846 Views 0 comment Print

ITO Vs M/s. Iraisaa Hotels Pvt. Ltd. (ITAT Mumbai) If we examine the facts of the present case it can be seen that in the previous year relevant to the assessment year under dispute, the assessee had received certain unsecured loan and share capital investment which were examined by the Assessing Officer during the assessment […]

Reassessment u/s 147 void in absence of fresh tangible material with AO

November 28, 2018 4050 Views 0 comment Print

ACIT Vs M/s Goldmohur Design and Apparel Park Ltd. (ITAT Mumbai) Under the new provisions of section 147, an assessment can be reopened if the Assessing Officer has ‘reason to believe’ that income chargeable to tax has escaped assessment; but if he wants to do so after a period of four years or merely on […]

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