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CIT(A) justified in admitting additional evidences if AO not given sufficient opportunity to Assessee

June 16, 2022 840 Views 0 comment Print

ACIT Vs Blind Peoples Association India (ITAT Ahmedabad)  The learned Counsel for the assessee has taken us through the relevant documents placed in the paper-book to point out that the proper and sufficient opportunity was not afforded by the Assessing Officer to the assessee during the course of assessment proceedings to furnish specifically the details […]

No suit can be continued against corporate debtor till conclusion of IBC 2016 proceedings

June 16, 2022 861 Views 0 comment Print

Shrenuj & Co Limited Vs ACIT (ITAT Mumbai)  We found as per the provisions of Sec. 14 of IBC-2016 till the conclusion of proceedings under IBC-2016 no suit or proceedings can be continued against the corporate debtor. Considering the facts and circumstances, we are of the opinion that there is no point in proceeding with […]

Agricultural income cannot be taxed based on mere statistical data

June 16, 2022 1158 Views 0 comment Print

Kuldeep Katiyar Vs ACIT (ITAT Delhi) Addition of Rs.13,07,933/-treating the agricultural income as income from other sources. ITAT find that the assessee produced certain evidences in support of his claim regarding earning of agricultural income. The AO without verifying the correctness of claim and rebutting the evidences based his finding on certain statistical data. No […]

Capital loss on revaluation of fixed Assets & deduction from Book Profit

June 16, 2022 3873 Views 1 comment Print

DCIT Vs Railtel Corporation Of India Ltd. (ITAT Delhi) On perusal of the audit report of the Assessee-company, we observe that the Independent Statutory Auditor has expressed ‘qualified’ opinion on the financial statement and one of the qualifications relates to claim of loss on revaluation of assets in question. The qualification of Auditor has the […]

LTCG on Paper Company Shares: ITAT Upheld Disallowance

June 16, 2022 618 Views 0 comment Print

Sanjeev Kumar Agarwal (HUF) Vs ITO (ITAT Delhi) It was noticed by the AO that as per computation of income submitted by the assessee, income from LTCG of Rs.22,76,598/-had been claimed out of the sale of shares of Eco Friendly Food Processing Park Ltd. The AO called upon the assessee to substantiate the claim and […]

Mark-2-Market loss on foreign exchange derivative allowed

June 16, 2022 1974 Views 0 comment Print

Held that M2M loss on SWAP contract was allowable where loans were converted into foreign currency loan to take benefit of low interest rate and loss recognized on account of foreign exchange fluctuation as per notified Accounting Standard 11 was an accrued and subsisting liability and not merely a contingent or hypothetical liability.

Bought note purchase vis-à-vis applicability of section 40A(3)

June 16, 2022 3180 Views 0 comment Print

Held that as per the identical issue of disallowance of bought note purchases in cash u/s. 40A(3) of the Act for the assessment year 2017-18 and after considering relevant facts, we set aside the issue to the file of the Assessing Officer for further verification.

FBT not leviable on mere provision for Approved Superannuation Fund

June 16, 2022 537 Views 0 comment Print

Jyoti Ltd. Vs DCIT (ITAT Ahmedabad) Solitary issue involved therein relates to the addition by Assessing Officer and confirmed by the learned CIT(A) being provision towards contribution to Approved Superannuation Fund for the purpose of determining liability of the assessee on account of Fringe Benefit Tax. FULL TEXT OF THE ORDER OF ITAT AHMEDABAD This […]

Interest on interest free loan to director for non-business purpose disallowable

June 16, 2022 1719 Views 0 comment Print

Kamal Translifters Vs ACIT (ITAT Ahmedabad) Though the assessee’s claim that payment made to the Director, was for business expediency, but the assessee could not prove before us the nexus between the assessee-company with its subsidiary company in the nature of trade and business. Furthermore, Shri Kamal Deshraj Dogra being director of both the companies, […]

Belated ITR filing due to technical issues – Carry-forward of losses allowed

June 16, 2022 1818 Views 0 comment Print

Tenovia Solutions Pvt. Ltd. Vs ADIT (ITAT Chennai) The assessee suffered business-loss during the year and claimed carry-forward of losses for Rs.57,69,223/-. However, CPC has reduced the same to Rs.63,849/-. This was due to the fact that the last date of filing return of income was 31.10.2019. However, the return was filed 12 minutes and […]

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