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Addition for excess Gold – ITAT extends benefit of CBDT Instruction to mother of married female assessee

August 26, 2022 882 Views 0 comment Print

Mother of assessee is staying with her and hence benefit of CBDT Instruction No. 1916 should also be extended to the mother of assessee

TDS Credit denied – Corresponding income ought to have been reduced – Section 154

August 26, 2022 1983 Views 0 comment Print

If TDS credit is disallowed than corresponding income offered by assessee for taxation also ought to have been reduced by passing rectification order u/s 154 by AO

No penalty for delay in filing STF Return due to late Receipt of Advisory Notice & SCN

August 26, 2022 522 Views 0 comment Print

Assessee has not received advisory notice issued u/s 285 BA (5) and the show cause notice of penalty u/s 271FA due to change of mail id and further contended that, the delay in filing the return was not deliberate.

Section 40A(3) disallowance sustainable for Cash Purchase Exceeding Prescribed Limit

August 26, 2022 1035 Views 0 comment Print

Ashwin Barai Vs ITO (ITAT Chennai) We find that there is no dispute with regard to applicability of section 40A(3) of the Act, when cash payments made for any expenses in excess of prescribed limit, however, in each and every case provisions of section 40A(3) cannot be applied, because, real nature of transactions need to […]

Intrinsic value of shares is a reasonable method of ascertaining fair market value of shares

August 26, 2022 2103 Views 0 comment Print

ITAT held that intrinsic value of the shares on the basis of net assets divided by the total number of equity shares is most appropriate.

No TDS on discount on Sale of Prepaid SIM Card to Distributors

August 26, 2022 762 Views 0 comment Print

Dickson Electronics Vs ITO (ITAT Amritsar) It is seen, that the judicial view of the various High Courts is divergent regarding the deductibility or otherwise of tax on discount allowed to distributor on sale of prepaid Sim Card. However, there is no decision by the Hon’ble Jurisdictional High Court, either way. That being so, all […]

TP adjustment presuming that expenses are incurred at the instance/ on behalf of AE unsustained

August 25, 2022 756 Views 0 comment Print

Held that TP adjustment, relating to Advertisement, Marketing and Promotion expenditure incurred by the assessee, merely on the basis of presumption that expenses are incurred at the instance or on behalf of the AE is unsustainable

Section 43B disallowance for GST cannot be avoided by crediting liability to Sales a/c

August 25, 2022 26094 Views 0 comment Print

Assessee cannot be permitted to adopt a modus operandi and giving an accounting treatment to GST without passing through profit and loss account to circumvent provisions of section 43B

FBT not payable on Employee Welfare Expenses

August 25, 2022 987 Views 0 comment Print

Bilfinger Neo Structo Pvt. Ltd. Vs ACIT (ITAT Ahmedabad) As regards ground relating to Employees Welfare Expenses includible in value of Fringe Benefit Tax, the Ld. AR submitted that the details were properly filed before the Assessing Officer which were never taken into account by the CIT(A) as well as Assessing Officer. Ld. AR further […]

No Section 271D penalty for Loan to Company through journal entry

August 25, 2022 1218 Views 0 comment Print

DCIT Vs Analytical Technologies Ltd. (ITAT Ahmedabad) Assessee submitted that there is no contravention of Section 269SS of the Act relating to the loan transactions made through banking channel, the same are availed by the Director and passed to the assessee company through ‘journal entry’ wherein penalty u/s. 271D cannot be levied. The ld. CIT(A) […]

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