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All ITAT

Cash system of accounting- TDS credit allowable in year in which Receipts Are Offered to Tax

June 16, 2022 3243 Views 0 comment Print

N.C. Rajagopal & Co. Vs DCIT (ITAT Chennai) During appellate proceedings, the assessee submitted that the receipts have been offered on cash basis and therefore, TDS credit would be available as per Sec.199 of the Act i.e., in the year in which the respective receipts are offered to tax. In support, the assessee also filed […]

Section 68 additions merely for minimum income declared by parties not sustainable

June 16, 2022 654 Views 0 comment Print

AO cannot make additions only on the basis of minimum income declared by the parties, because the income earned by person cannot decide quantum of loan that a person can give

Freebies to Doctors- CBDT circular not applies to gift to traders & distributors

June 16, 2022 1704 Views 0 comment Print

DCIT Vs Medi Sales India Pvt. Ltd. (ITAT Chennai) Issue– Disallowance by the AO by not allowing assessee’s claim holding that the CBDT Circular No. 5/2012 dated 01.08.2012 applies only to pharmaceutical manufacturers and not to distributors like the assessee. Upon careful consideration of material facts, it could be gathered that the assessee merely acts […]

Amendment to 6th proviso to section 139(1) applicable w.e.f. AY 2020-21

June 16, 2022 2670 Views 0 comment Print

Smt. Ashaba Rajendrasinh Vs CIT (ITAT Rajkot) Ld. CIT(A) while rejecting the claim of the assessee observed that the assessee was mandatorily required to file the return of income for the year under consideration which he has failed to do. In that view of the matter the claim of deduction under section 54 has been […]

Existing product up-gradation expense allowable as revenue expense

June 16, 2022 252 Views 0 comment Print

Expenditure incurred on existing business incurred in connection with existing business, Updating existing products allowed as revenue expenditure.

ITAT disallows foreign travel expenses with no direct nexus with business

June 16, 2022 837 Views 0 comment Print

RKKR Holdings Pvt. Ltd. Vs ITO (ITAT Chennai) There is no dispute with regard to the fact that two Directors of the assessee company have travelled to USA, London and Singapore. Although, there is no direct nexus between the foreign travel expenses incurred by the assessee and business receipts from those destinations, but fact remains […]

Section 271B penalty deleted for delay in Tax Audit Due to Ongoing Assessment under other Laws

June 16, 2022 903 Views 0 comment Print

Erumapalayam Primary Agricultural Co-Op Credit Society Vs ITO (ITAT Chennai) The Ld. AR pleaded that there was sufficient cause for delay in the audit since the assessee being cooperative society, it was governed by the Tamil Nadu Cooperative Societies Act, 1983 and the relevant rules 1988. For the relevant AY, the accounts of the society […]

No deferred revenue expenditure claim allowable unless specifically provided

June 16, 2022 3258 Views 1 comment Print

Expense incurred on temporary partition is a revenue expense eligible for depreciation in the respective year if the asset is put to use for business. The amount has been incurred towards temporary structure during the previous year. No deferred revenue expenditure claim is allowable unless specifically provided under the Act.

Depreciation eligible on goodwill arisen pursuant to business acquisition

June 16, 2022 501 Views 0 comment Print

ITAT held that depreciation eligible on goodwill which has arisen pursuant to business acquisition made by the assessee

No Section 143(1) Adjustment on debatable issues without intimation to assessee

June 16, 2022 4098 Views 0 comment Print

The first proviso to section 143(1)(a) make it very clear that no such adjustment shall be made unless an intimation is given to the assessee of such adjustment either in writing or in  electronic mode.

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