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Railway Punitive Charges for wagon overloading is allowable expense

January 10, 2018 9504 Views 0 comment Print

DCIT Vs. M/s Fee grade & Company Ltd. (ITAT Kolkata) Punitive charges for overloading were actually in the nature of additional freight for transporting goods beyond the permissible carrying capacity which cannot be categorized as an expenditure incurred for any purpose which is an office or infringement of law. Following the aforesaid decision the CIT(A) […]

Section 269SS not applies to Cash Transaction between Close Family Members for giving support & help

January 10, 2018 19842 Views 1 comment Print

To support the family members, the money has been given by the assessee to his son/wife. This is simply a transfer of money from one family member to another family member to support day to day expenses, educational expenses and other family expenses

Deduction U/s. 54F on Unutilized amount not deposited in CGAS before due date

January 9, 2018 4170 Views 0 comment Print

Where investment in a new residential house was made within three years from date of transfer of assets, exemption Under section 54F could not be denied on the ground that unutilized amount was not deposited in Capital Gains Account Scheme before due date prescribed under section 139(1).

To invoke sec. 147 AO has to prove that Assessee Escaped Income

January 8, 2018 4278 Views 0 comment Print

Priyank Mittal Vs. ITO (ITAT Agra) A perusal of the reasons recorded by the AO shows that the allegation as per the reasons to believe escapement of income is bogus purchase/sale of shares, while the impugned addition has been made with respect to gift, which shows that the A.O. had no specific information. Hence, as […]

No disallowance U/s. 40(a)(ia) where net profit was estimated

January 8, 2018 3258 Views 0 comment Print

Once the income of the assessee was estimated after rejection of books of account, then, the AO could not make disallowance on the same books of account for the purpose of disallowance by invoking provisions of section 40(a)(ia) or general disallowance under section 37(1). Hence, the disallowance made by the AO was deleted.

Payment of Upfront Fees by DIAL held to be Revenue Expenditure

January 8, 2018 3465 Views 0 comment Print

Delhi ITAT held that mere entry in the books of accounts and classifying the said payment as capital, i.e., it has been capitalised in the books will not at all be determinative as it has to be seen on the facts whether such a payment or expenditure falls in the capital filed or revenue field.

Service of notice U/s. 148 by affixture at wrong address is bad in law

January 5, 2018 3852 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently quashed the re-assessment under section 147/148 of the Income Tax Act since service of notice by affixture was done at a wrong address.

Royalty paid to Suzuki Motor Corporation Japan by Maruti Suzuki India Ltd. for use of licensed information is revenue expenditure

January 5, 2018 4653 Views 0 comment Print

Maruti Suzuki India Ltd. Vs ACIT (ITAT Delhi) The royalty paid to Suzuki Motor Corporation Japan by Maruti Suzuki India Ltd. for the use of licensed information held to be revenue expenditure

Tips paid by bank to casual workers on festive occasion is allowable expense

January 5, 2018 5262 Views 1 comment Print

In West Bengal State Co-operative Bank Ltd. v. DCIT, the Kolkata bench of Income Tax Appellate Tribunal in its recent order has held that the payment made by banks to casual workers on festive occasion can be allowed as deduction under section 37 of the Income Tax Act.

ITAT explains Meaning of term “relative” in context of HUF

January 5, 2018 20553 Views 0 comment Print

While hearing the case of Subodh Gupta vs Commissioner of Income Tax (CIT), Delhi bench of Income Tax Appellate Tribunal (ITAT) recently held that gift received by Hindu Undivided Family (HUF) from the mother of Karta would attract Income Tax.

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