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All ITAT

Interest on enhanced compensation u/s 28 of Land Acquisition Act, 1984 is exempt

November 8, 2022 1632 Views 0 comment Print

Kamla Devi Vs ITO (ITAT Delhi) In the present case, from the orders of the authorities below, it is clear that the authorities below have treated interest received by the assessee on enhanced compensation u/s 28 of the Land Acquisition Act, 1984 as ‘Income from other sources’ and denied exemption u/s 10(37) of the Act. […]

Primary Rate Interface is not fees for technical service hence TDS u/s 194J not deductible

November 7, 2022 1926 Views 0 comment Print

BMC Software India P. Ltd Vs DCIT (ITAT Pune) ITAT Pune held that charges of Primary Rate Interface doesn’t require human intervention and hence doesn’t qualify as fees for technical services. Accordingly, TDS not deductible u/s 194J of the Income Tax Act. Facts- Assessee challenged the disallowance of Primary Rate Interface (PRI) line charges paid […]

Addition to business income merely based on closing bank balance is unjustified

November 7, 2022 495 Views 0 comment Print

ITAT Chandigarh held that addition in the business income merely on the basis of closing bank balance unsustainable as there is nothing on record to show that assessee had any other income except agricultural income.

Educational expense of daughter is purely personal in nature despite her pursuing fathers profession

November 7, 2022 1098 Views 0 comment Print

ITAT Ahmedabad held that expenditure incurred for education of the daughter, who pursued the very same profession in which the father was, doesn’t make the same business expenditure. Father was morally bound to spend on the education of his daughter and hence the same is personal expenditure.

Penalty u/s 271(1)(c) unsustainable as issue already decided in assessee’s favour

November 7, 2022 612 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act unsustainable as claim of deduction u/s. 80IA(4) already decided in favour of the assessee.

Provisions of section 68 cannot be invoked for entries duly explained

November 7, 2022 1659 Views 0 comment Print

ITAT Bangalore held that for invoking the provisions of unexplained cash credit u/s 68 there has to be entries in the books of account for which no explanation should have been offered. As the declaration provided by the assessee is self-explanatory the provisions of section 68 cannot be invoked.

No penalty on undisputed claim of Interest paid to firm against business income

November 7, 2022 591 Views 0 comment Print

Bhawneshwar Kumar Vs ITO (ITAT Chandigarh) In the instant case, the matter relates to claim of interest paid by the assessee to the partnership firm where the assessee is a partner and from where the assessee also draws the remuneration. Both the interest paid and remuneration received from the partnership firm has been duly reflected […]

Exclusive Motors cannot be construed as a dependent agent PE of CCPL

November 7, 2022 996 Views 0 comment Print

ACIT Vs Exclusive Motors Pvt. Ltd (ITAT Delhi) Undisputedly, the assessing officer has concluded that part of the remittances made by assessee to CCPL towards extended warranty services are in the nature of profit attributable to the PE in India, hence, assessee was required to deduct tax at source on such remittances. He also held […]

Allegations per se cannot be ground for cancellation of Trust registration

November 7, 2022 1530 Views 0 comment Print

Last Hour Ministry Vs CIT (Exemptions) (ITAT Cochin) A perusal of the order cancelling registration wherein various reasons have been given as mentioned earlier apparently show that these reasons would at best give rise to violations u/s.13(1)(c) and 13(1)(d) of the Act which would result in additions in the assessment and re­assessment. Such violations, if […]

R&D Expense as percentage of turnover or profit is revenue in nature

November 7, 2022 597 Views 0 comment Print

DCIT Vs Voestalpine VAE VKN India Pvt. Ltd (ITAT Delhi) The assessee company has claimed an expenditure of Rs.2,41,98,983/- on account R & D Expenditure under the head of manufacturing expenditure. We have perused the details which have been enclosed at page no. 80 of the paper book. The same was also before the revenue […]

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