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All ITAT

Payment for Scrap cannot be disallowed for mere non-matching with Form 26AS

August 4, 2022 507 Views 0 comment Print

Jai Balaji Industries Limited vs DCIT (ITAT Kolkata) The assessee has pointed out that it has made advance payment of Rs.9,39,708/- to Tata Metaliks DI Pipes Limited for purchase of scrap materials. This claim of the assessee has been rejected by the Revenue Authorities on the ground that this exact amount is not discernable from […]

No Section 54F exemption on House purchased by Wife from her fund

August 4, 2022 1239 Views 0 comment Print

Dilip B. Mundada Vs DCIT (ITAT Pune) Jurisdictional High Court and other Hon’ble High Courts and ITAT Pune have held that for availing the benefit of deduction u/s 54F the new asset shall be purchased in the name of the assessee. Applying the said proposition of law to the present case, we hold that the […]

Tax not payable on IT support service as Fees for Technical service

August 4, 2022 1911 Views 0 comment Print

Held that receipt of IT support service doesnt become FTS as assessee did not make available any technical knowhow, experience or skill to its customers. The same is not chargeable to tax

Income Tax dues falls within the definition of operational debts

August 4, 2022 846 Views 0 comment Print

ACIT Vs Monnet Ispat & Energy Ltd (ITAT Delhi) As per section 5 (21) of the IBC the dues to the Central Government also fall within the definition of operational debts and in terms of resolution plan as approved by the NCLT of the claims or demands or liabilities or obligations owned or payable to […]

Section 271AAB penalty not imposable if no Search Conducted on Assessee

August 4, 2022 708 Views 0 comment Print

A perusal of Section 271AAB would reveal that it is applicable where search has been initiated under section 132 of Income Tax Act

Income Tax Claims not part of Resolution Plan stands extinguished on Approval of Resolution Plan

August 4, 2022 540 Views 0 comment Print

On approval of resolution plan by all claims of Income Tax, which are not a part of resolution plan, shall stand extinguished

No addition for bogus purchase on borrowed satisfaction from VAT Dept. without proper examination

August 4, 2022 1743 Views 0 comment Print

Addition of bogus purchase by AO was not justified on borrowed satisfaction from the Value added tax (VAT) department without proper cross-verification.

No Income Tax on Compensation for Compulsory land Acquisition by Govt

August 4, 2022 103728 Views 1 comment Print

ITO Vs Suresh Prasad (ITAT Patna) CBDT vide Circular No. 36/2016 dt. 25/10/2016 clarified that the compensation received in respect of award or agreement which has been exempt from levy of Income Tax vide section 96 of the RFCTLARR Act shall also not be taxable under the provisions of Income Tax Act, 1961 even if […]

Telephone expense cannot be disallowed merely for increase in expenditure

August 4, 2022 1002 Views 0 comment Print

Bigfoot Retail Solution Pvt. Ltd. Vs ACIT (ITAT Delhi) It is observed that the assessee submitted before the Ld. AO/CIT(A) that all telephones are either installed at office premises or used by officers and the employees of the assessee company and that usage of telephone/internet is done by employees for official purposes only. It was […]

Taxability of Software License – ITAT remits matter back to AO

August 4, 2022 198 Views 0 comment Print

EY Global Services Ltd Vs ACIT (ITAT Delhi) These are appeals by the assessee against the respective orders of the ld. CIT (Appeals) for the concerned assessment years. 2. Since issues are common and connected and the appeals were heard together, these are being disposed off by this common order. 3. Since grounds are common […]

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