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Addition merely based on SCN issued by Excise Department not sustain if CESTAT decided in favour of assessee

January 12, 2023 975 Views 0 comment Print

Zirconia Cera Tech Glazes Vs DCIT (ITAT Ahmedabad) ITAT find that in this case the basis of addition is contents of show-cause notice issued by the Excise Department. An investigation was carried out by DGCEI at assessee premises, wherein it was alleged by the Excise Department that assessee has not declared actual assessable value of […]

Order sent on old address without any effort from AO to send on correct address is barred by limitation 

January 12, 2023 1041 Views 0 comment Print

DSV Solutions Pvt Ltd Vs DCIT (ITAT Mumbai) There was no forwarding, not even an effort to forward, the draft assessment order to the correct address, or at least the address furnished to the Assessing Officer under proviso to rule 127(2), within the permitted time frame under Section 153 r.w.s 144C of the Income Tax […]

Revisional Jurisdiction cannot be invoked merely for mismatch of truck number

January 12, 2023 558 Views 0 comment Print

PCIT wrongly proceeded to set aside assessment order due to mismatch of truck number in two invoices, which was visibly a clerical mistake.

Car Showroom Renovation expenses allowable as ‘Revenue’ expense

January 12, 2023 1386 Views 0 comment Print

The Assessing Officer issued a show-cause notice why the renovation expenses of four showrooms should not be treated as capital expenditure and allow appropriate depreciation.

Disallowance u/s 14A restricted to amount of exempt income

January 12, 2023 1908 Views 0 comment Print

ITAT Bangalore held that disallowance under section 14A of the Income Tax Act is restricted to the amount of exempt income earned by the assessee.

Expense having no nexus with Income from other sources cannot be allowed

January 12, 2023 615 Views 0 comment Print

Nirav Dilipkumar Desai Vs ITO (ITAT Ahmedabad) The Assessing Officer observed that the assessee has shown Rs. 11,86,798/- under the head “income from other sources” and in the schedule of other sources. The assessee has shown Rs. 41,15,221/- and claimed expenses of Rs. 29,28,423/-. The Assessing Officer further observed that the expenses claimed has no […]

Expense deducted from export turnover should be deducted from total turnover for computing deduction u/s 10A

January 12, 2023 492 Views 0 comment Print

ITAT Chennai held that while computing deduction under section 10A of the Income Tax Act expenses deducted from export turnover needs to be deducted from total turnover.

Interest on loan for advance towards development of land is capital expenditure

January 12, 2023 384 Views 0 comment Print

Assessee company had entered into collaboration agreement for development of land and primarily the company was earning rental income. Thus, the interest paid for upcoming projects which was used to be rental has been rightly capitalized.

ITAT deletes Section 272A(2)(k) penalty for delay in filing TDS statement due to lack of Professional assistance

January 12, 2023 6315 Views 0 comment Print

Assessee explained that delay in filing TDS return is due to his negligence, non-awareness of importance of filing TDS return & lack of Professional assistance

Profit from sale of unfinished building taxable as long or short term capital gains

January 12, 2023 2700 Views 0 comment Print

The definition of capital asset as per section 2(14) of the I.T.Act is wide enough to include property of any kind held by an assessee (including an unfinished building) and the sale proceeds of the same would be liable for capital gains as long term capital gains or short term capital gains, depending upon the period of holding.

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