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Pre-operative expenditure cannot be allowed as business expenditure

August 10, 2022 7827 Views 0 comment Print

Held that as the business has not been set up during the year under consideration all the pre-operative expenditures are not deductible as business expenditure

Section 263 SCN not justified in absence of specific finding of PCIT with respect to enquiries

August 10, 2022 1512 Views 0 comment Print

In the absence of any specific finding of PCIT with respect to enquiries which should have been made, section 263 order not justified

Expense on let out commercial property maintenance- Section 11 Exemption

August 10, 2022 753 Views 0 comment Print

Where surplus funds were utilized for additions to a building, which was let out and the income thereof applied for charitable or religious purposes, the utilization of such surplus was held to amount to application of income for religious or charitable purposes

Income Tax appeal cannot be adjudicated during continuance of IBC proceedings

August 10, 2022 759 Views 0 comment Print

DCIT Vs Neueon Towers Limited (ITAT Hyderabad) A reading of the provisions under section 13 and 14 of IBC Code along with the decision in Ghanashyam Mishra And Sons (supra), clearly shows that once the proceedings have commenced by institution of application under section 7 or 9 or 10 of the Code, the continuance of […]

Addition of CSR Expenses to book profit disclosed in audited accounts not justified

August 10, 2022 2139 Views 0 comment Print

Addition of CSR expenses to book profit under section 115JB was not justified as AO or assessee, none could tinker with book profit disclosed in audited account and once the accounts had been prepared in accordance with standards in this regard, this tinkering by AO had no sanction of law.

Loss of directors not allowable to the company

August 9, 2022 687 Views 0 comment Print

Held that activities of share trading were carried out by the directors in their individual capacity from their unique client codes. Accordingly, loss incurred in same is not allowable in the hands of company

Loss on investment in equity shares is business loss

August 9, 2022 3279 Views 0 comment Print

Held that the claim of loss accruing or arising as investment in equity shares, non-convertible debentures and zero coupon redeemable preference shares is not capital loss but eligible for deduction in computation of business loss

No Revision proceedings in highly debatable issue of Stamp duty guideline value

August 9, 2022 2370 Views 0 comment Print

PCIT was of the view that the difference of Rs.25 lakhs in view of the guideline value fixed by Stamp Valuation Authority at Rs.3.50 crores is to be accepted and added to the return of income of the assessee. We are of the view that this is highly debatable issue and even the tolerance limit of 10% is to be considered or not is again a debate.

Lump sum compensation received will be treated as advance salary on closure of employer unit

August 9, 2022 3111 Views 0 comment Print

Rajesh Shantaram Chavan vs. ACIT (ITAT Mumbai) M/s.Century Textiles and Industries Limited was incurring heavy losses and shut down its Worli Textile Mill Unit in 2008. Around 6300 of its 6600 Mill workers opted for the voluntary retirement scheme, however, 275 workers had opposed for closure of the Mill. Assessee is one of the 275 […]

Race Club can claim principle of mutuality in regard to entrance fee received from non-voting members

August 9, 2022 1212 Views 0 comment Print

SC has held that the assessee is entitled to claim mutuality in respect of entrance fee collected from these non-voting right members.

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