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Section 194C TDS on payment for preparation & execution of advertisement content

August 25, 2022 85557 Views 0 comment Print

Cowtown Software Design Pvt. Ltd. Vs DCIT (TDS) (ITAT Mumbai) It is not in dispute that assessee made payment to Ad agency i.e. Social Kinnect. We find from the perusal of the agreement with Social Kinnect and scope of services defined therein, Social Kinnect would engage various professional artists for preparation and execution of the […]

Furnishing of supporting evidence mandatory to claim TDS credit in absence of TDS certificate

August 24, 2022 2535 Views 0 comment Print

Held that in absence of TDS certificate, assessee has to furnish any other evidence to support deduction of tax at source by the payer of income. TDS credit denied for failure to furnish any other supporting evidence

Profit element to be taxed in case of bogus purchases

August 23, 2022 3084 Views 0 comment Print

Held that if the parties are failed to prove the genuineness of entire transaction of such tainted purchases, the revenue authorities are not entitled to bring the entire transaction to tax. Authorities can tax the income component in such tainted transactions

Payment to retired partner amounts to diversion of income at source by overriding title

August 23, 2022 1416 Views 0 comment Print

Held that deduction from income claimed for payment made to a retired partners allowable as it amount to a diversion of income at source by overriding title.

Expenditure for executing a project is an intangible asset eligible for depreciation

August 23, 2022 1806 Views 0 comment Print

Held that expenditure incurred in executing the project is an intangible asset which is eligible for depreciation under section 32 of the Income Tax Act

Claim of loss on share trading business of Benami business of other party not allowed

August 23, 2022 636 Views 0 comment Print

Held that the assessee was not carrying on any share trading business, and it was the benami business of other assessee. Accordingly, denial of the claim of loss justified.

If source of income is provided than deeming section 115BBE provision not applicable

August 22, 2022 2499 Views 0 comment Print

Held that deeming provisions of section 115BBE doesn’t apply as source of income clearly explained and established by the assessee

Addition of unexplained investment unsustained based on high status/family tradition & Streedhan

August 22, 2022 813 Views 0 comment Print

Held that factors like high status, family tradition, deduction on account of purity and deduction towards Streedhan should be considered before making addition on account of unexplained investment. Accordingly, addition deleted.

Section 153C satisfaction needs to be recorded even if AO of searched & other person is same

August 22, 2022 5457 Views 0 comment Print

Palla Simhachalam (HUF) Vs ACIT (ITAT Visakhapatnam) AO of the searched person and the other person is one and the same, then also AO is required to record the satisfaction, as held by the various In the instant case, no such material has been brought before us by the ld. DR. In view of the […]

Sales tax & excise duty subsidy is capital receipts & not taxable

August 21, 2022 2202 Views 0 comment Print

ACIT Vs Genus Electrotech Limited (ITAT Delhi) Held that sales tax incentive subsidy and excise duty incentive are in the nature of capital receipts and thus not chargeable to tax as regular income as well as income u/s 115JB for computation of book profit. Facts- In the order u/s 154, AO noted that assessee had […]

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