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ATM Machines Eligible for Depreciation rate of Computer Software

October 5, 2022 1047 Views 0 comment Print

In other words, the test would be: Does an ATM fulfil the functions of a Computer in the business activity of an assessee? Is it a tool of his trade with which it carries on his business?

Expense on routine replacement of spare parts is Revenue Expenditure

October 5, 2022 1158 Views 0 comment Print

Explore Angalakshmi Spinning Mill vs ITO ITAT Chennai case. ITAT allows spare parts replacement as revenue expenditure. Full text of ITAT Chennai order.

No section 68 addition for Loan Received and repaid vide cheque

October 5, 2022 5304 Views 0 comment Print

Manibhadra Securities Services P.Ltd Vs ITO (ITAT Ahmedabad) he assessee in the present case is a private limited company and engaged in the business of trading of Shares and Securities. The assessee in the year under consideration has received the Loan to the tune of Rs. 4,08,01,000/-from M/s Ken Securities Limited. The assessee has repay […]

Compensation for Settlement of Encroachment on Property not allowable without Evidence

October 5, 2022 1695 Views 0 comment Print

ACIT Vs Precision Realtors P. Ltd. (ITAT Delhi) A perusal of the sale deed show that the seller was the absolute owner and was in actual possession of the impugned property. Nowhere in the sale deed, there is a mention of encumbrance / encroachment in the impugned property. This fact has been completely ignored by […]

ITAT deletes addition for TDS payable at year end made to Income of Legal Firm

October 5, 2022 750 Views 0 comment Print

Anand And Anand appeal success against ACIT order. ITAT Delhi ruling on TDS provisions. Key legal insights by Anand Bhattacharya, tax expert.

No penalty on expenses disallowed on Notional/estimated basis

October 5, 2022 2238 Views 0 comment Print

Bhartiya City Developers Pvt. Ltd Vs Addl. CIT (ITAT Delhi) A conspectus of Explanation-1 to Section 271(1)(c) of the Act, makes it clear that the statute visualizes the assessment proceedings and penalty proceedings to be wholly distinct and independent of each other. While the Assessing Officer may be justified in making estimated disallowance in quantum […]

Self certified copies of documents sufficient for claiming section 12AA exemption

October 4, 2022 3960 Views 0 comment Print

Rule 17A of Income Tax Rules, 1962 clearly explained that self certified copies of documents are sufficient for the claiming exemption under section 12AA

Interest cannot be disallowed if interest free funds exceed interest bearing funds

October 4, 2022 3858 Views 0 comment Print

Shri Narendra Kumar Khandelwal Prop. M/s Ranjana Textiles Vs ITO (ITAT Jaipur) Interest free funds available: The law is well settled that where assessee is having mixed i.e. interest free/interest bearing funds both, but where the interest free funds are larger than the interest free advances/utilization than there will a presumption that the interest free […]

CIT(A) have powers to consider claim of assessee which was left half way by AO

October 4, 2022 2358 Views 0 comment Print

Addl. CIT Vs Mayur Batra (ITAT Delhi) When the taxable income of the tax-payer has to be computed on the basis of partial information in Return and remaining on queries put by the Ld AO during assessment, then in the next place the sum payable by assessee, on the basis of such computation has to […]

Appeal can be filed only on the basis of order/intimation, against which assessee is aggrieved

October 4, 2022 1203 Views 0 comment Print

An appeal can be filed only on the basis of order/intimation, against which the assessee is aggrieved. In the absence of any such document, it will not be possible for any appellate authority to address the grievance of the assessee

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