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ITAT Deletes Upward Adjustment on Payments of Interest On Fully Convertible Debentures in International Transaction

November 16, 2022 426 Views 0 comment Print

The ITAT deleted the adjustment in respect of international transaction of Payment of Interest on Fully Convertible Debentures by upholding the contentions that LIBOR was not applicable as there was no lending/borrowing in foreign currency and assessee had issued rupee dominated debentures.

No section 69 addition in directors’ hand for mere use of his PAN by Company

November 16, 2022 1023 Views 0 comment Print

Merely, because the assessee’s PAN number was mentioned as he was the Director of one of the company, the purchase cannot be said to be made by him when the purchase has been shown in the P&L account by the said company itself as well as part of the closing stock of the said company, namely, Iscon Procon Pvt. Ltd.

2G Spectrum case Legal expense for directors cannot be treated as personal without examining outcome of CBI Court judgment

November 16, 2022 432 Views 0 comment Print

Kalaignar TV Pvt. Ltd. Vs ACIT (ITAT Chennai)  The assessee has claimed legal expenses and travelling & conveyance expenses before the Assessing Officer. The Assessing Officer mainly disallowed the expenditure claimed by the assessee on the ground that the legal proceedings was undertaken in respect of the charges framed against the Directors and shareholders of […]

ITAT upheld addition for LTCG of accommodation/bogus entries through penny stock companies

November 16, 2022 2574 Views 0 comment Print

Manish Goel Vs ITO (ITAT Kolkata) ITAT find that in the case of Swati Bajaj (supra), the facts before the Hon’ble Jurisdictional High Court, were that the assessee has claimed exempt income under section 10(38) of the Act at Rs.28,23,500/- from sale of equity shares of a listed company namely Surabhi Chemicals & Investment Limited. […]

Voluntary CSR Expenditure exclusively for purpose of business allowable

November 16, 2022 2355 Views 0 comment Print

CSR expense disallowance is restricted to expenses incurred by assessee under statutory obligation u/s.135 of companies Act 2013 and it doesn’t apply to expenditure incurred in discharge of corporate social responsibility (CSR) on voluntarily basis.

Interest rate on unsecured loan cannot be excessive if same is less than interest paid on secured loan

November 16, 2022 1674 Views 0 comment Print

It has come on record that the department has itself accepted interest paid to the lender banks @ 14.75% in case of secured loans are against unsecured loans availed from Shri Grewal. That itself suggests that the impugned interest rate @ 10% is not excessive so as to attract the impugned disallowance/addition.

 Time barred order passed by TPO is not legally sustainable

November 15, 2022 2217 Views 0 comment Print

ECL Finance Limited Vs ACIT (ITAT Mumbai) As per sub-section 3 to section 92CA inserted with effect from 1.6.2007 time limit for TPO to pass the order is within the period of sixty days prior to the date of completion of the order as per section 153 of the Act. Since reference under section 92CA […]

Addition on account of cash deposit without disproving cash flow statement is invalid

November 15, 2022 2652 Views 0 comment Print

ITAT held that Once cash flow statement is not controverted by the Assessing Officer as well as the ld. CIT[A], the addition of such cash deposit is not valid

Assessment order is invalid if notice not served to assessee: ITAT Mumbai

November 15, 2022 5130 Views 0 comment Print

Due to invalid notice service and non-service of notice to assessee, the assessment order made by AO is therefore bad in law and subject to being quashed.

Addition of unaccounted profit on estimation basis in trading/ manufacturing of diamonds restricted to 10%

November 15, 2022 1209 Views 0 comment Print

ITAT Surat held that the addition on account of unaccounted profit on estimation basis, in trading/ manufacturing of diamonds, restricted at 10% of the sales in view of CBDT instructions vide circular no. 2/2008 dated 22nd February 2008.

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