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Section 194A TDS not deductible on Factoring Charges

November 17, 2022 3534 Views 0 comment Print

DCIT Vs 3i Infotech Consultancy Services Limited (ITAT Mumbai) ITAT held that factoring charges incurred by the assessee company is not in the nature of interest and that the assessee was not under the obligation to deduct TDS as per the provisions of section 40(a)(ia) of the I.T. Act. For this, we would like to […]

CUP method consistently followed to bench mark transaction with AE cannot be unreasonably rejected

November 17, 2022 1209 Views 0 comment Print

ITAT Chennai held that TPO unreasonably rejected the CUP method consistently followed by the assessee to bench mark international transaction with its Associated Enterprise as there was no change in the facts and circumstance of the case for the impugned Assessment Year.

Section 271(1)(c) penalty cannot be levied on Income Tax Additions on Ad-Hoc Basis

November 17, 2022 2580 Views 0 comment Print

Additions made on ad-hoc basis on estimation does not attract penalty under section 271(1)(c) of the Act as there is no conclusive proof of concealment of income or furnishing of inaccurate particulars of income.

No addition for Cash Deposited during Demonetization Period if not exceed Threshold Limit

November 17, 2022 4038 Views 0 comment Print

ITAT Delhi rules in favor of Amar Singh. Deletion of Rs. 2,23,000 addition under Section 69A. CBDT Instruction applied for demonetization period cash deposits.

Section 41(1) of Income Tax Act doesn’t apply till liability is not written off in the books

November 17, 2022 2496 Views 0 comment Print

ITAT Gauhati held that provisions of section 41(1) of the Income Tax Act cannot apply since the liability is still payable to sundry creditor and had not been written off in the books of account and there is no evidence to indicate that said liabilities had ceased to exist.

Donations given by Trust to Other NGOs/Trust for its Purposes are Deductible

November 17, 2022 1059 Views 0 comment Print

ACIT (Exemptions) Vs Grow More Foundation (ITAT Ahmedabad) Regarding the payment made to Chandansingh, the Ld. CIT(A) has observed that the payment is made for construction work on which TDS has been deducted and a fresh confirmation with signature of the contractor and his PAN No. etc. have been submitted and the amount is incurred […]

Company not opted for liquidation in impugned year hence disallowance of expense unjustified

November 17, 2022 747 Views 0 comment Print

ITAT Ahmedabad held that disallowance of expenditure in the assessment year 2012 on the reason that company went into voluntary liquation is unsustainable as the company was not into liquidation in the impugned year.

Legal/ professional expense for opinion about prospective investment is not capital expenditure

November 17, 2022 861 Views 0 comment Print

ITAT Delhi held that expenses paid to legal and professionals for an opinion about legal and tax consequences of the prospective investment cannot be considered to be a capital expenditure. Such expenses are revenue in nature.

Corpus donations received by unregistered Trusts are not taxable

November 17, 2022 6819 Views 0 comment Print

ITAT held that Corpus donations received by Trusts, which is not registered u/s.12A/12AA of Income Tax Act, are not taxable as they assume the nature of ‘Capital receipt’ the moment donations are given to ‘Corpus of Trust’

Rule 37BA(3)(ii) allows splitting up of TDS amount over a number of years if corresponding income is assessable over a number of years

November 17, 2022 2742 Views 0 comment Print

Larsen & Toubro Public Charitable Trust L&T House Vs ITO (ITAT Mumbai) Rule 37BA(3)(ii) allows splitting up of TDS amount over a number of years if corresponding income is assessable over a number of years A.R submitted that certain income received by the assessee is split between two or more years under accounting principles. Accordingly, […]

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