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Provision for warranty expenses should be reliable: Apple India case

August 8, 2018 3909 Views 0 comment Print

ITAT opined that the assessee derived advantage by deferring its income to the extent of excess warranty provision to subsequent years. Therefore, such excess provision cannot be allowed as a deduction as it cannot be said to be reliable.

Interest for TDS Default levied on Buyer of Property even if NRI Seller Already Paid Taxes in his Return

August 8, 2018 1203 Views 0 comment Print

The issue under consideration is whether interest u/s 201(1A) will be levied on assessee even if NRI seller had already paid taxes as per his return?

S. 263 CIT must show that view taken by AO is wholly unsustainable in law

August 8, 2018 2067 Views 0 comment Print

Torrent Pharmaceuticals Ltd Vs DCIT (ITAT Ahmedabad) Revisional Commissioner is expected show that the view taken by the AO is wholly unsustainable in law before embarking upon exercise of revisionary powers. The revisional powers cannot be exercised for directing a fuller inquiry to merely find out if the earlier view taken is erroneous particularly when a […]

Order passed after due examination of issue cannot be called erroneous & prejudice to interest of Revenue

August 6, 2018 1197 Views 0 comment Print

When all requisite details were already on record with supporting evidences and same were duly examined by AO, the order of AO was not erroneous and prejudice to interest of Revenue.

Expenditure incurred on software eligible for depreciation @60%

August 6, 2018 11013 Views 0 comment Print

Expenditure incurred on the software is eligible for depreciation @60%, depreciation on the block of assets of website development cost eligible @ 60%: Re: appeal A.Y. 2006-07 of Make My Trip (India) Pvt. Ltd.

Compensation for Discontinuing Commodity Trading Business is Taxable U/s. 28(va)

August 3, 2018 1134 Views 0 comment Print

M/s. Geojit Investment Services Limited Vs JCIT (ITAT Cochin) The assessee-company in the instant case, had received the compensation for not carrying on any activities in relation to its commodity trading business. The compensation so paid for not carrying any activity in relation to any business (commodity trading business) would be taxable going by the […]

ITAT disallowed loss on Sales made at lower rate to reduce taxable Profit

July 31, 2018 2085 Views 0 comment Print

Agarwal Global Steels Pvt. Ltd. Vs DCIT (ITAT Hyderabad) We observe that even if we consider the selling price @ 30,675.56 by M/s Gautham Rolling Mills Pvt. Ltd. and the same was purchased from the assessee @ 25,000/- per MT with tax, the difference would be Rs. 4,500/- per MT. We gave opportunity to both […]

Sec. 40A(3) applies only to revenue expenditure debited to P&L account

July 31, 2018 11505 Views 0 comment Print

Kalyan Constructions Vs ITO (ITAT Hyderabad) Provisions of Section 40A(3) mention that where an assessee incurs any expenditure in respect of which payments were made to a person otherwise than by way of crossed cheque or account payee cheque, no deduction shall be allowed in respect of such expenditure. It is humbly submitted that when the […]

Period of holding to count from the date of provisional allotment letter

July 31, 2018 3243 Views 0 comment Print

The word held used in section 2(14) implies right over a capital asset. In the instant case, right over the property was held by assessee for the period of 36 months, by paying first installment and builder issued a provisional letter of allotment and from that period, assessee had been enjoying legal right over the said property.

Satisfaction of AO before invoking section 14A must for disallowance

July 30, 2018 1344 Views 0 comment Print

Nine Dot Nine Mediaworx (P) Ltd. Vs ITO (ITAT Delhi) Once assessee had submitted that no expenditure incurred for earning dividend income, the AO was under legal obligation to demonstrate as to how he was not satisfied with the contention of assessee and only, thereafter, he could have proceeded to make a disallowance. As was […]

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