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Legal fees on business activity, which was ultimately abandoned allowable as revenue expense

May 13, 2022 741 Views 0 comment Print

Esteem Finventures Limited (Now Kapedome Enterprises Limited)  Vs ACIT (ITAT Delhi) ITAT is of considered opinion that the ld. CIT(A) has confirmed the addition by stretching too far the rules of prudence. The Ld. AO himself observed in the order that the services engaged were from top most legal professionals. If that was the view […]

ITAT deletes TP Adjustment as TPO adopts Wrong GP Margin of Comparable Company

May 13, 2022 342 Views 0 comment Print

B. Braun Medical (India) Private Limited Vs DCIT (ITAT Mumbai) ITAT deletes Transfer Pricing (TP) Adjustment as TPO adopts Wrong Gross Profit (GP) Margin of Comparable Company The assessee raised an additional ground before the Ld. DRP stating that the gross profit margin of ADS Diagnostics Ltd., had been wrongly worked out by the Ld. […]

ITAT deletes addition for difference in 26AS & book & surprised with addition by choose & pick

May 13, 2022 23337 Views 1 comment Print

Jeen Mata Buildcon Pvt. Ltd. Vs ITO (ITAT Jaipur) The ld. AR of the assessee argued that merely there is a difference in the 26AS and the books results, there cannot be an addition to returned income the books of account of the assessee duly audited. AO has not found any single defect in the […]

TPO/AO cannot apply wrong method in absence of audited financials of AE

May 12, 2022 645 Views 0 comment Print

TPO/AO cannot apply wrong method in the absence of material ie: audited financials of AE. More so, TPO/AO cannot even give the benefit as well to assessee for non co­operation for providing the audited financials of AE.

Section 69A Additions for mere non-cooperation with dept not justified

May 11, 2022 1884 Views 0 comment Print

Revenue cannot make the additions under Section 69A for the reason that assessee has not cooperated with the department.

Deduction for disputed service tax demand eligible in year of payment

May 11, 2022 2208 Views 0 comment Print

Corrtech International Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) The Assessing Officer disallowed the claim of Service Tax on the ground that the said demand was related to earlier years and the said Service Tax liability of the assessee or the recipient was on that point of time disputed by the parties. The Assessing Officer has […]

Section 271E penalty cannot be Levied in absence of Regular Assessment

May 11, 2022 1770 Views 0 comment Print

Penalty under Section 271E is not permissible in the absence of regular assessment framed against the assessee by the Revenue.

Claim of forfeiture of Advance Rent allowable as business expense

May 10, 2022 1179 Views 0 comment Print

Advances rent during the course of opening of showroom were given in the course of business by assessee and for the purpose of commercial expediency. Therefore, forfeiture of the same by the concerned party had rightly claimed by assesseee as business loss.

Section 56(2)(vii)(a) not applies to Sum received for giving up rights to contest the will

May 10, 2022 4062 Views 0 comment Print

K. V. Sridhar Vs ITO (ITAT Bangalore) Sec.56(2)(vii)(a) of Income tAx  Act  will apply only when any sum of money is received, without consideration, the aggregate value of which exceeds fifty thousand rupees. Admittedly, the assessee received the sum of Rs.1.60 Crores for giving up his rights over some of the items of the suit […]

Addition for amount received in earlier years cannot be made in subsequent years

May 10, 2022 1521 Views 0 comment Print

Imran Mohammed Iqbal Vs ITO (ITAT Ahmedabad) Considering the above facts, vis-à-vis the outstanding balance relating to M/s. Prakash Gold amounting to Rs. 12,05,026/-, the addition having been made finding it to be bogus, since the consistent finding of fact is that the transaction was entered into by the assessee with the said party not […]

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