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Reopening cannot be done for Mistake committed by AO in Original Assessment

July 3, 2018 4518 Views 1 comment Print

This appeal filed by the revenue is directed against the order of Ld. CIT(Appeals) – 19, Kolkata dated 05.03.2014 and in the solitary ground raised therein, the revenue has challenged the action of the Ld. CIT(A) in cancelling the assessment made by the A.O. under section 143(3) / 147 of the Income Tax Act, 1961 by holding the same to be invalid.

Batteries used with UPS and forming system for power back up qualifies for depreciation at 60%

July 2, 2018 30099 Views 1 comment Print

In view of CIT v. BSES Yamuna Powers Ltd. (2013) 358 ITR 47 (Delhi), batteries which were used along with UPS and which formed a system for power back up in case of power failure qualified for depreciation at 60 per cent.

Identity of Company can’t be suspected merely because Director was not traceable

July 2, 2018 1587 Views 0 comment Print

M/s. Prayag Polytech Pvt. Ltd Vs ACIT (ITAT Delhi) We find that evidences which have been furnished by the assessee have not been discussed; and if the Director has not been found then it cannot be said that identity of the company is not established especially in wake of income tax records and share allotment […]

Without any basis AO cannot shift profit from trading to manufacturing activity to disallow deduction u/s 80IE

July 2, 2018 1167 Views 0 comment Print

Aristo Industries Vs ITO (ITAT Kolkata) It is not in dispute that the assessee had maintained separate books of accounts for trading activity and manufacturing activity. We find that the assessee had claimed deduction u/s 80IE of the Act only in respect of profits derived from manufacturing activity only. It is not in dispute that […]

Addition for share application money cannot be made for mere non-service of summon to directors of investment company

July 2, 2018 3540 Views 0 comment Print

Addition under section 68 of share application money received by assessee on the reason that summons issued under section 131 to the directors of the investment company for verification returned unserved was unjustified as assessee had substantiated share capital received by it by furnishing relevant details and no onus was cast on the assessee during relevant assessment year  to produce the persons or the books from investment companies.

No Penalty for non compliance of section 148 notice

July 2, 2018 26607 Views 2 comments Print

The appellant contented that penalty under section 271(1)(b) can be imposed by the AO if he is satisfied that any person failed to comply with the notice under section 142(1) or under section 143(2) or directions issued under section 142(2A) of the Act. Therefore, no penalty can be levied under section 271(1)(b) for non compliance of notice issued under section 148.

Deduction U/s. 10AA cannot be denied in in 3rd year by examining factors which were required to be seen in first year

July 1, 2018 2043 Views 0 comment Print

Macquarie Global Services Vs DCIT (ITAT Delhi) Once the claim of deduction u/s 10AA has been accepted in the first year of the operations and also in the second year, then in the third year same cannot be withdrawn by examining the factors which were required to be seen in the first year of the […]

Deduction U/s. 54F cannot be disallowed for mere non-depositing of amount in capital gains tax account scheme

July 1, 2018 4281 Views 0 comment Print

This is an appeal filed by the assessee against the order of Commissioner (Appeals)- 46, Mumbai dated 20-1-2017 for assessment year 2011-12 in the matter of order passed under section 143(3) of the Income Tax Act wherein following grounds have been taken by the assessee

Section 2(22)(e) not applicable to Current Account Transactions

July 1, 2018 2286 Views 0 comment Print

Provisions of section 2(22)(e) related to deemed dividend are not applicable where the relevant transactions are in the nature of current account transactions and not loans and advances.

Penalty U/s. 271B not leviable if Assessee had Bona fide belief that accounts not liable for audit U/s. 44AB

July 1, 2018 4491 Views 0 comment Print

United Education Society Vs JCIT (ITAT Delhi)  Undisputedly, the assessee society is registered under section 12A of the Act as a charitable trust engaged in charitable activities for imparting education through its colleges. It is also not in dispute that the assessee society has been claiming exemption under section 11 of the Act on the […]

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