Follow Us:

All ITAT

Licence fee paid for using MS Office software cannot be treated as Capital expenditure-

December 28, 2017 4512 Views 0 comment Print

By purchasing licence to use MS Office software assessee received enduring benefit in the course of earning of profit, however, it did not become owner of the software, therefore, licence fee could not be treated as capital expenditure.

Traveling Expenses on behalf of Associated Companies for which cost plus mark-up billing is done are allowable

December 27, 2017 1335 Views 0 comment Print

While dismissing the appeal of revenue, the New Delhi bench of Income Tax Appellate Tribunal in its recent order allowed a claim of expenditure by a Company for traveling expenses incurred on behalf of its Associated Companies.

IT authority cannot direct assessee to maintain its accounts in a particular manner

December 27, 2017 1332 Views 0 comment Print

IT authority has no option/jurisdiction to meddle in the matter either by directing the assessee to maintain its accounts in a particular manner or adopt a different method for valuing the work-in-progress.

No Penalty If determination of ALP not leads to any TP Adjustment, with no effect on income of assessee

December 27, 2017 4284 Views 0 comment Print

Since, the determination of arm’s length price in the appeal effect order has not lead to any transfer pricing adjustment, with no effect on income of the assessee, hence, penalty provisions are not applicable in this case, therefore, we cancel the orders of the authorities below thereby deleting the penalty in dispute.

Business income or capital gains cannot be decided by merely looking at frequency of transaction in shares

December 27, 2017 3450 Views 0 comment Print

ITAT Ahmedabad ruling on Ankur Scientific vs Dy. CIT case. Assessment of share gains as business income challenged. Disallowance of weighted deduction contested.

TDS not deductible on estimation /provision of expenses which was not paid

December 26, 2017 2931 Views 0 comment Print

Explore ITAT Mumbai’s order on Apax Partners India vs. DCIT regarding transfer pricing, legal fees, and travel expenses. Key insights on taxation under section 40(a)(ia)

Income on Agricultural land sale cannot be treated as business gain merely for higher volume of sale consideration

December 26, 2017 3129 Views 1 comment Print

Income Tax Appellate Tribunal (ITAT), Rajkot bench, while allowing the assessees’ appeal, held that the sale of land cannot be treated as business activity for the purpose of levying income tax even though there is a higher volume of sale consideration.

Penalty proceeding invalid if Assessment order nowhere states specific charge of alleged concealment and / or furnishing of inaccurate particulars of income

December 26, 2017 4938 Views 0 comment Print

Nowhere in the assessment order states the specific charge of alleged concealment and / or furnishing of inaccurate particulars of income. Therefore, the entire penalty proceedings stand vitiated, because it is not in accordance with law.

No penalty for non offering LTCG to Tax due to ignorance of law

December 26, 2017 5655 Views 1 comment Print

Sri Sachindra Nath Kayal Vs. ITO (ITAT Kolkata) It undisputed fact that assessee has earned LTCG which was not offered to tax. It is also undisputed that the disclosure of the same made in balance-sheet of the assessee. Thus, we note that non- offering of LTCG to the tax was not deliberate. It was out […]

Interest income on NPA cannot be recognized unless received

December 26, 2017 3111 Views 0 comment Print

The Income Tax Appellate Tribunal in its recent order ruled that no additions can be made since interest has accrued to the assessee but has not been realized.

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