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All ITAT

No addition for cash deposited during demonetization out of earlier cash withdrawals

May 5, 2022 6549 Views 0 comment Print

Om Parkash Nahar Vs. ITO ( ITAT-Delhi) The amount deposited during demonetization period was relate to out of withdrawals from the same account from 2014,2015 & 2016 is not treated as income from undisclosed source The assessee’s explanation is that looking to his old age and suffering from various ailments as he had suffered a […]

ITAT directs AO to ascertain how sale consideration can be bifurcated between land & built up area of flats

May 4, 2022 4284 Views 0 comment Print

DCIT Vs Muppala Bhasker Reddy (ITAT Bangalore) The next question is how to appropriate the sale consideration for the transfer of land and building if a lump-sum monetary consideration is received by the transferor from the transferee when the transfer is effected through a single conveyance deed. As per section 50C as amended by the Finance […]

Non-compliance due to change in Address- ITAT deletes section 271(1)(b) Penalty

May 3, 2022 1230 Views 0 comment Print

Asha Yadav Vs ITO (ITAT Jaipur) We are of the view that the AO had levied the penalty @ Rs. 10,000/- for non compliance of notices Under section 142(1) of the Act. As it was clear from the provisions of Section 271(1)(b) that this provision can be invoked only for non compliance of notice Under […]

Claim due to wrong Advice by CA – ITAT deletes Penalty

May 3, 2022 12939 Views 1 comment Print

SLV Housing Development Corporation Vs ACIT (ITAT Bangalore) Under Section 271(1)(c), two faults or omissions exposes the assessee to concealment penalty i.e. concealment of particulars of income and furnishing inaccurate particulars of such income. The assessee has admitted before the AO that the new auditor appointed, had pointed out certain mistakes in the expenses claimed […]

Advance for DTH services taxable when such services rendered

May 3, 2022 678 Views 0 comment Print

ACIT Vs Sun Direct TV Pvt. Ltd. (ITAT Chennai) The undisputed fact that emerges are that the assessee provide DTH services to various subscribers. The assessee receives subscription amount on quarterly / half-yearly / annual basis and credit the same to ‘deferred income account’. From this account, the revenue earned, for each day, are transferred […]

Belated payment of employees contribution to EPF & ESI allowable

May 3, 2022 1209 Views 0 comment Print

Nestor Pharmaceuticals Ltd. Vs CPC (ITAT Delhi) The issue in this appeal is related to disallowance of expenditure on account of delay in deposit of employees contribution related to EPF & ESI. The issue is squarely covered by the judgement of Hon’ble Jurisdictional High Court of Delhi in the case of PCIT vs Pro Interactive […]

ITAT directs CIT(A) for denovo adjudication of case with reasonable opportunity

May 3, 2022 669 Views 0 comment Print

Pooja Vs ACIT (ITAT Delhi) This appeal is filed by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-38, New Delhi dated 18.03.2019 for the AY 2010-11. When the matter posted for hearing on 09.03.2022 none appeared on behalf of the assessee. The Notice sent through speed post with acknowledgement due […]

Advertisement expense paid to Facebook (non-resident) without TDS deduction allowable

May 2, 2022 2814 Views 0 comment Print

Matrimony.com Limited Vs. ACIT/DCIT/ITO (ITAT Chennai) Briefly stated facts are that the assessee company is engaged in the business of providing services in connection with marriage alliance and related services. The company markets its product both through online and offline advertisements. During the year, the company has availed the services of Facebook, Ireland Ltd., for […]

Section 80JJAA deduction eligible on salary to software engineers not employed in supervisory role

May 2, 2022 2535 Views 0 comment Print

OnMobile Global Ltd. Vs ACIT (ITAT Bangalore) Section 80JJAA of the Act allows for deduction of additional wages paid to new workmen for an industrial undertaking. While the term “industrial undertaking” has not been defined in section 80JJAA of the Act, it has been defined in other provisions of the Act; like section 10(15) and […]

Section 68 addition cannot be made merely for meager income shown by Investor Companies

May 2, 2022 1668 Views 0 comment Print

Merely because the Investor Companies have shown meager income during the impugned assessment year, the same in my opinion, cannot be a ground to doubt the creditworthiness of the said company especially when the said company is having sufficient funds in its account in shape of share capital and free reserves.

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