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Bad debts written off due to corporate restructuring scheme allowable

May 18, 2022 1038 Views 0 comment Print

ACIT Vs Tamil Nadu Water Investment Co. Ltd. (ITAT Chennai) It is an undisputed fact that consequent to the CDR scheme, the assessee had written off the receivables from M/s. NTADCL as bad debt and the debt has become bad only due to corporate restructuring scheme. Moreover, in the books of account of M/s. NTADCL […]

No addition on the basis of bank account disowned by appellant

May 18, 2022 1263 Views 0 comment Print

Asha Saini Vs ITO (ITAT Delhi) It is not a case of the Assessing Officer that the assessee was the ultimate beneficiary of the amounts deposited in the bank account. Hand-writing expert report dated 2.12.2017 and copy of FIR available at assessee’s paper book clearly reveals that the hand-writing expert clearly opined that the disputed and […]

Section 271(1)(c) penalty not leviable for mere denial of section 54F Deduction

May 18, 2022 900 Views 0 comment Print

Vikram Kalra Vs ACIT (ITAT Delhi) It is the case of the assessee that the provisions of Section 54F are beneficial in nature and the Courts have always accorded liberal interpretation and a small delay of few days have been condoned for the eligibility purposes. Even otherwise, in these circumstances, the imposition of penalty on […]

Interest/dividend from Co-Op Bank eligible for section 80P deduction

May 18, 2022 4446 Views 0 comment Print

Indian Bank Employees Cooperative Credit Society Limited Vs ITO (ITAT Mumbai) Brief facts are that the assessee is The Indian Bank Employees Cooperative Credit Society Limited. On perusal of the profit and loss account and the computation of income, the Assessing Officer observed that the assessee has offered net income from business and profession at […]

Provision for obsolete stock allowed as deduction

May 18, 2022 15201 Views 0 comment Print

Provision for obsolete stock be allowed as deduction subject to satisfying himself that valuation is done based on principle that at cost or market price or net realizable value, whichever is less.

Non striking off of irrelevant limb in penalty notice is a substantive defect

May 18, 2022 1557 Views 0 comment Print

ITAT held that non mentioning of relevant limb or non striking off of irrelevant limb in penalty notice is a substantive defect in imitation of proceedings itself and consequent penalty levied on the basis of such defective notice can not be sustained.

No addition for bogus purchases – Depreciation cannot be disallowed on such purchase

May 18, 2022 6117 Views 0 comment Print

AO did not make any addition with regard to URD purchases, which were considered to be bogus or inflation of expenses, in the respective years. Without making addition of alleged bogus/inflated expenses, the A.O. could not disallow depreciation

Competent authority not prescribed for measurement of distance between municipal limit and agricultural land

May 17, 2022 5781 Views 0 comment Print

There is no specific authority who has been designated as being the ‘competent authority’ to measure distance between the land sold and the municipal limits.

Section 40A(3) : Cash payment to Labour contractor on principal-to-principal basis not allowable

May 17, 2022 13530 Views 0 comment Print

The case of the assessee is that the payments were covered under clause (k) of Rule 6DD, which provides that no disallowance will be made where the payment is made by any person to his agent who is required to make payment in cash for goods or services on behalf of such persons.

No addition for cash deposited below Rs. 2.5 Lakh during demonetization period

May 17, 2022 5448 Views 0 comment Print

Whether any addition can be made and confirmed in the hands of assessee on account of cash deposit of Rs.2,30,000- during demonetization

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