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No Addition of Interest for Interest-Free Loan out of Interest-Free Funds

August 2, 2022 2166 Views 0 comment Print

Sidiqbhai Usmanbhai Kaliwala Vs DCIT (ITAT Ahmedabad) It is seen from record, the assessee paid interest free loan of Rs. 21,67,952/- to M/s. S.S. Enterprise, out of the interest free funds available with the assessee, who has made a profit of Rs. 31,04,682/- during the assessment year 2015-16. It is not the case of the […]

No disallowance for Cash payment by forex dealer for purchase of foreign currency 

August 2, 2022 1221 Views 0 comment Print

Ahmed World Travels Tours & Cargo Pvt. Ltd Vs ACIT (OSD) (ITAT Chennai) As regards cash payments made for hotel expenses, although, the Assessing Officer stated that the assessee has incurred expenses in cash, but it was the argument of the assessee that it has purchased foreign currency (Saudi Riyal) to be given to its […]

Maintaining of separate books not required for claiming deduction u/s 10A/ 10AA

August 2, 2022 1896 Views 0 comment Print

Held that there is no requirement for maintaining separate books of account for claiming deduction under section 10A/10AA of the Act, and books of account maintained by assessee is sufficient to enable computation of profits of various SEZ units.

Royalty expenditure towards license right to use the know-how is revenue in nature

August 2, 2022 708 Views 0 comment Print

Held that the assessee has secured the license right to use the know-how for the period of the agreement and the royalty expenditure in this regard is therefore revenue in nature.

Cricket activity by club is not a trade or business

August 2, 2022 1800 Views 0 comment Print

Held that activity of cricket by the club cannot be said to be in the nature of trade or business.

Mere non availability of stock register not sufficient to reject trading results

August 2, 2022 999 Views 0 comment Print

Mere non availability of stock register cannot be sufficient to reject trading results when the audited final accounts and other sources including the VAT data are available to cross verify the trading results including the sales verification.

Income from incomplete transaction not assessable under complete contract method

August 1, 2022 1191 Views 0 comment Print

Held that the transaction has not been concluded in the AY under consideration when the assessee received nomination fee. Thus, the transaction was not complete so as to assess the income under complete contract method.

TNMM Most Appropriate Method in case of AE transactions

August 1, 2022 1611 Views 0 comment Print

Held that assessee leverages on the use of technology from the AE and does not contribute any unique intangibles to the transaction. PSM cannot be applied. TNM Method is Most Appropriate Method.

ITAT Mumbai deletes addition for Stock found in lockers during search & seizure

August 1, 2022 801 Views 0 comment Print

Rameshkumar H. Jain Vs DCIT (ITAT Mumbai) It is not in dispute that during the search of locker the jewellery and ornament worth Rs.70,10,799/- was found. The details are mentioned below: Sr. no. 1. Gold & Jewellery belonging to third parties on account of sale on approval basis or labour work. Rs.39,85,761/- 2. Gold & […]

Additional depreciation not eligible on capitalization of forex loss

August 1, 2022 540 Views 0 comment Print

Daeseung Autoparts India Pvt.Ltd Vs ACIT (OSD) (ITAT Chennai) We have gone through reasons given by the Assessing Officer to reject additional depreciation on capitalization of forex loss in light of provisions of section 32(1)(iia) of the Act, and we ourselves do not subscribe to the arguments advanced by the learned counsel for the assessee […]

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