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Document related to to expenses/EBIDTA details, etc. can’t be said incriminating material to initiate proceedings u/s 153A

June 23, 2022 351 Views 0 comment Print

Vivimed Labs Limited Vs ACIT (ITAT Hyderabad) hon’ble apex court’s landmark decision in CIT Vs. Sinhaghad Technical Educational Society (2017) 84 com 290 (SC) that no such proceedings initiated u/s 153A of the Act sustainable in law for want of incriminating material found or seized during the course of search. We make it clear that […]

Setoff of unabsorbed depreciation available against income from other source

June 23, 2022 774 Views 0 comment Print

Hewitt Associates (India) Private Limited Vs ACIT (ITAT Delhi) Setoff of unabsorbed depreciation should be allowed against income from other source. Facts- The assessee, Hewitt Associates (India) Private Limited, engaged in providing support services to its associated enterprises (“AEs”). The services are software development support services and Business Process Outsourcing (BPO) services. The assessee had […]

Examining fulfilment of conditions at the time of registration u/s 12AA is unjustified

June 23, 2022 1470 Views 0 comment Print

ITAT Held that at the stage of granting registration u/s. 12AA of the Act, authority cannot examine whether the conditions for availing exemptions under Section 11 of the Act are fulfilled or not.

Section 271(1)(c) Penalty not imposable if notice not Specify the Limb

June 23, 2022 810 Views 0 comment Print

It has been held that notice issued by AO should specify which limb of Section 271(1)(c) of the Act penalty proceedings has been initiated.

Consideration for Resale of Computer Software Is Not Royalty

June 23, 2022 807 Views 0 comment Print

consideration for the resale of the computer software through End User License Agreement (EULA)/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the same does not give rise to any income taxable in India

Peak calculation method is applied for computing profit from unaccounted cash sales

June 23, 2022 1380 Views 0 comment Print

Held that the correct method is applying peak calculation method to compute the profit from the unaccounted cash sales made by the assessee.

Section 10(10D) On maturity of life insurance policy only net income is chargeable to tax

June 23, 2022 3429 Views 0 comment Print

On maturity of life insurance policy, where section 10(10D) does not apply, it is only the net income which is chargeable to tax in the hands of the assessee.

Additions on grounds not forming part of reasons for reopening assessment not sustainable if no addition based on reason for reopening

June 23, 2022 3288 Views 0 comment Print

Indian Redcross Society Vs ITO (ITAT Ahmedabad) We note that the Ld. Assessing Officer has not made any additions and nor even discussed the issue on the basis of which the reassessment proceedings were initiated. The assessee had pointed out that the Ld. Assessing Officer had committed a factual inaccuracy by stating that a sum […]

In mercantile system, liability arisen in the year is allowable even if paid later

June 23, 2022 456 Views 0 comment Print

As assessee is following mercantile system of accounting, liability which has arisen during the year under consideration is allowable even though the same may have to be discharged at a future date.

ITAT deletes penalty for not getting account audited in absence of determination of turnover

June 23, 2022 405 Views 0 comment Print

Yuvraj Singh Vs ITO (ITAT Delhi) ITAT find that reasonable cause exists for failure of the assessee to get his account audited in respect of previous year relevant to Assessment Year 2011-12 in question. The assessee has claimed turnover in business to the tune of Rs.58,42,500/-which is below the threshold of Rs.60 lac applicable at […]

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