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Mere non-allowability of claim not sufficient to impose penalty U/s. 271(1)(c)

October 25, 2017 2196 Views 0 comment Print

In an appeal before Ahmedabad ITAT, DCIT vs. Parinay Organizers Pvt. Ltd., one of the grounds raised was that whether on the facts of the circumstances of the case, the CIT(A) was justified in deleting the penalty levied by the AO on account of dis allowances of interest expenses of Rs. 44,19,194/- without considering the merits of the case.

ITAT Slams CIT(A) for violation of Judicial Discipline by taking contradictory view on issue already confirmed on merit by it

October 25, 2017 2247 Views 0 comment Print

ACIT Vs. M/s. Sutures India Pvt. Ltd. (ITAT Bangalore)- ITAT Slams CIT(A) for violation of Judicial Discipline by taking contradictory view on issue already confirmed on merit by it and CIT (Appeals) have no jurisdiction to take any decision on issue which is already been decided by CIT under Section 263.

MTM loss on forward contract as on balance sheet date not deductible as business loss

October 25, 2017 9243 Views 0 comment Print

Bechtel India Pvt. Ltd. Vs ACIT (ITAT Delhi) Hedging forward contracts of foreign currency cannot be marked to market (MTM) on balance sheet date as already there is a underlying asset and there is no extra outgo for settlement of the forward contract other than already determined in the contract and thus there is no […]

Nature of Agricultural income would not change merely because operation were done in a greenhouse

October 24, 2017 4563 Views 0 comment Print

Assessee was engaged in the business of plant floriculture and tissue culture, and claimed exemption of income under section 10(1) for being agricultural income, AO was not justified in disallowing exemption on the ground that basic operation were done in greenhouse since involvement of greenhouse would not change the nature of operations.

Appeal cannot be dismissed for defect in form without granting Opportunity to cure defect

October 24, 2017 5562 Views 0 comment Print

The Income Tax Appellate Tribunal [ITAT], Chandigarh bench, has held that the appellate authority cannot dismiss an appeal by pointing out the defects in its form without granting an opportunity to the assessee to cure the defects.

No disallowance u/s 40(a)(ia) for TDS deduction under Wrong Provision under a bonafide belief

October 24, 2017 3420 Views 0 comment Print

Out of these four appeals two appeals are filed by the assessee while the other two appeals are filed by the Revenue for against the orders of the CIT(A) – 4, Mumbai dated 13.02.2017 and 06.02.2017 for assessment years 2011-12 and 2012-13 respectively.

Protective addition in hands of agents without providing opportunity of being heard is invalid

October 23, 2017 1347 Views 0 comment Print

These two appeals of the same assessee (assessed in the name of different agents) relating to the assess­ment year 2007-08 are directed against separate orders of the Commissioner (Appeals), Bareilly of the even date 27-9-2016 arising out of the order passed under section 144/147 of the Income Tax Act framed by the Income Tax Officer, Ward-1(3), both dated 3-3-2015.

Katrina Kaif gets relief from ITAT against additions in Search Assessment

October 23, 2017 3036 Views 0 comment Print

In the year 2011, a search conducted on the premises of the residence of the assessee resulted in recovery of certain documents on the basis of which, the department made some addition on account of undisclosed income arising out of appearance fee in ICC Awards function, unexplained expenditure etc.

Re-Assessment under Wealth Tax Act without supplying reason for same is invalid

October 23, 2017 2838 Views 0 comment Print

Briefly the facts of the case as noted in the assessment order are that in this case assessment for A.Y. 2006-2007 has been reopened after recording satisfaction and obtaining approval of Addl. CIT, Range-25, New Delhi, under section 17 of the Wealth Tax Act.

Income from Leasing of Retail Space in Mall is Taxable as ‘Income from House Property’

October 23, 2017 6282 Views 0 comment Print

Select Infrastructure Pvt. Ltd Vs. Addl. CIT (ITAT Delhi) Here in this case, qua the retail space, the assessee was not carrying on any systematic or organized activity of providing service to the occupiers of the shops, albeit other service charges pertaining to the common maintenance, event and advertising, parking fees, etc., has been offered […]

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