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Disallowance cannot be made of expenditure not claimed as deduction in profit & loss account

December 26, 2015 3770 Views 0 comment Print

ITAT Delhi held In the case of Sunaina Tower Pvt. Ltd. vs. ACIT that the material issue is that the said expenditure was never claimed as business expenditure, the occasion to make a disallowance of the same does not arise.

CIT (A) cannot initiate & levy penalty u/s 271(1) (c) by penalty order under his adjudication

December 26, 2015 9447 Views 0 comment Print

ITAT Pune held In the case of Shri Ajit Ramchandra Jadhav. vs. ACIT that the order initiating the penalty proceedings has to be a different order and has to be passed by the person, who has made the addition / assessment in the hands of the assessee.

Plausible view by AO being not an erroneous view, revision u/s 263 not sustainable

December 26, 2015 979 Views 0 comment Print

ITAT Mumbai held In the case of M/s Vidyasagar Enterprises LLP vs. Principal CIT that AO accepted the loss sustained by the assessee in this project to be allowed to be set off against other income of the assessee after application of mind and considering relevant material on record which was one

Supply of shrink-wrap software is transfer of right to use copyright and covered in royalty liable to TDS u/s 195

December 26, 2015 3257 Views 0 comment Print

ITAT Bangalore held In the case of M/s Tejas Networks Ltd. vs. DDIT that the right that is transferred in the present case is the transfer of copyright including the right to make copy of software for internal business

Interest Income is capital receipt only if it is inextricably linked with project

December 26, 2015 6397 Views 0 comment Print

In the Case of ACIT VI, Kanpur vs. Z Square Shopping Mall Private Limited, ITAT held that the interest earned on FDR, Gains from investment of Mutual Fund is not inextricably linked or connected with the construction activities

Mere mismatch of description cannot be a reason to treat the same as unexplained

December 25, 2015 3688 Views 0 comment Print

The ITAT Mumbai in the case of M/s Parle Bottling Pvt. Ltd. held that the mismatch in description of jewellery as recorded vis a vis as found by valuer cannot be in its own a sole basis for treating mismatched jewellery as unexplained particularly when minor difference in carat weight.

Electricity duty is not a tax, duty cess or fee, section 43B is not attracted in respect of electricity duty collected by MSEB

December 25, 2015 3406 Views 0 comment Print

In the case of ACIT Vs. M/s. Maharashtra State Electricity Distribution Co. Ltd. ITAT adjudicated two appeals against the order of CIT (A) who allowed the appeal of assessee in part. Both revenue as well as assessee filed appeal against the order of CIT (A).

Where no satisfaction was recorded by AO at the time of search, revenue cannot attain jurisdiction over other person

December 25, 2015 793 Views 0 comment Print

In the case of ACIT Vs. Shivaansh Advertising & Publications Pvt. Ltd. Delhi Bench of ITAT observed the requirements of section 153C provides for taking recourse to assessment in respect of any other person and held the conditions precedent are

Expense on feasibility study report for establishing BPO business for assessee’s own function is revenue in nature

December 24, 2015 1777 Views 0 comment Print

In the case of M/s NYK Line (India) Ltd Vs. Addl. CIT Mumbai Bench of ITAT have held that payment made to professional firm for conducting a Feasibility Study Report for establishing a BPO business for assessee’s own function

Under Mercantile method of accounting Loss in business can be booked in the year in which it is determined

December 24, 2015 1468 Views 0 comment Print

ITAT Chandigarh held in Lakshmi Energy & Foods Products Ltd Vs The ACIT that if the assessee was following mercantile method of accounting and it had booked loss in the assessment year in which the same had been determined then the same should be allowed because the assessee

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