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No addition u/s 68 on account of money received on allotment of shares, once identity of Investor Company established

October 1, 2015 1375 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Lotus Integrated Taxpark Ltd. vs. The DCIT that the assessee on the basis of the documentary evidence on record has been able to prove that Non Resident Company i.e. M/s Glacis Investment Limited was an existing company

Mere non production of parties cannot be a ground of disallowance of purchases -ITAT

October 1, 2015 1089 Views 0 comment Print

ITAT Delhi Has held In the case of Piyush Developers Pvt. Ltd. & Others vs. ACIT, that despite search and seizure no adverse material was found to substantiate the disallowance made by the A.O. The purchases which are disallowed relate to cement and steel which are essential for the purpose

Sec. 36(1)(iii)- Commercial expediency is to be proven for allowance of expenditure incurred- ITAT

October 1, 2015 4802 Views 0 comment Print

ITAT Delhi has held In the case of M/s Chemical Sales and Services vs. ITO that the only condition for claiming deduction under section 36(1 )(iii) is commercial expediency of the expenditure incurred and once the said condition is fulfilled

Delivery of notice u/s 148 at correct address of assessee is foundation for initiation of reassessment proceedings – ITAT

October 1, 2015 2368 Views 0 comment Print

ITAT Delhi held In the case of ITO vs. Hepta Developers Pvt. Limited that notice u/s 148 is foundation of the reassessment proceeding. The notice was sent on wrong address while the correct address was available in the return filed by the assessee.

Law of limitation binds not only assessee but also Revenue – ITAT

October 1, 2015 768 Views 0 comment Print

DCIT vs. M/s Presidency Exports & Industries Ltd. (ITAT Kolkata) We do agree that in a matter of condonation of delay when there is no negligence or deliberate inaction or lack of bonafide approach, the liberal approach has to be adopted to advance substantial justice. In the fact

Valuation of stock should be as per regular method followed, not on estimation basis – ITAT

October 1, 2015 3752 Views 0 comment Print

ITAT held In the case of Das Plaza vs. ITO that the closing stock has to be taken at the end of the year not in the middle of the year. If any addition has to be made that to be made only difference in the value as at the end of the year.

Proceedings u/s 158BD raised after gap of 3 years, even after completion of block assessment, not maintainable – ITAT

October 1, 2015 1185 Views 0 comment Print

ITAT held In the case of ACIT vs. Raj Kumar Jalan that in view of the proposition laid down by the Honble Delhi high Court in the case of CIT Vs. Bharat Bhusan Jain and others in ITA No.648/09 and 669/2009 etc order dated 08.01.2015

Embroidery work on job work basis is Manufacture; Additional Depreciation allowable

October 1, 2015 8939 Views 0 comment Print

In this case assessee, was doing embroidery work on job work basis. The embroidery activity, according to the Tribunal, also results in production of a new article having a different market of its own and there are various stages involved in embroidery activity, as follows: i) Creating a digitalized embroidery design file

No Penalty for Doubtful addition U/s. 41(1) of Income Tax Act, 1961

October 1, 2015 4144 Views 0 comment Print

Smt. Sumitra Devi Agarwal Vs. ITO (ITAT Jaipur)- The AO has questioned the genuineness of the liability and in absence of the requisite confirmation, has held the same to be a bogus liability. Where the liability itself has been held to be a bogus liability, where is the question of remission or cessation thereof.

Bad debt cannot be disallowed merely because its of Group Company

September 30, 2015 4503 Views 0 comment Print

In this case During scrutiny assessment proceedings, the Assessing Officer inter alia disallowed writing off of bad debts of M/s. Kinetic Motor Co. Ltd. amounting to Rs.1,27,58,427/- as the same was Group Concern and AO further claimed that The debts have been written off as bad debts only to suppress the income.

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