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All ITAT

TDS not deductible on expenses in maintenance of horses, transportation & contribution to welfare funds

May 2, 2022 1482 Views 0 comment Print

Mysore Race Club Limited Vs ACIT (ITAT Bangalore) The Income Tax Act prescribes deduction of tax at source u/s 192 to 195 of the Act. The assessee would be liable to deduct tax at source only in respect of payments which are covered by above said sections. The case of the assessee is that it […]

Electronic data cannot be relied upon in absence of requisite certificate

May 2, 2022 3843 Views 0 comment Print

Hon’ble Supreme Court held that certificate under Section 65B (4) of The Indian Evidence Act, 1872 is a condition precedent to the admissibility of evidence by way of electronic record as S. 65B (4) of The Indian Evidence Act, 1872 is a mandatory.

No section 271(1)(c) penalty on additions deleted by ITAT

May 2, 2022 1215 Views 0 comment Print

Where additions have been deleted by  Tribunal in quantum proceedings, penalty under section 271(1c) levied by AO not sustainable

Cash Transactions between Trust & Managing Trustee not attracts Section 269SS

May 2, 2022 15795 Views 0 comment Print

Akash Education & Development Trust Vs Addl. CIT (ITAT Bangalore) In the present case, the assessee is a registered society u/s. 12AA of the Act and its income is exempt u/s. 11 of the Act. The assessee in the stage of establishment of educational institution has undertaken the construction activity of building for the purpose […]

Entire purchases cannot be held as bogus – ITAT upheld addition of 17%

May 2, 2022 2880 Views 0 comment Print

DCIT Vs Shoreline Hotels Pvt. Ltd. (ITAT Mumbai) In these cases, the AO reopened the assessment order passed u/s 143(3) of the Act, on the basis of information received from the DGIT (Inv.) Mumbai to the effect that during the previous year the assessee had obtained fake purchase bills from bogus parties who used to […]

Section 271(1)(c) Penalty not applicable for addition under 50C

May 2, 2022 4605 Views 0 comment Print

In this case AO has considered the full value consideration U/s 50C as against the actual sale consideration declared by the assessee. The increased of value by the AO in the full value consideration does not amount either concealment of particulars of income or furnishing inaccurate particulars of income.

ITAT condones delay of 1535 days in Appeal filing

May 2, 2022 1011 Views 0 comment Print

Orbit Dealmark (P) Ltd. Vs ITO (ITAT Kolkata) The Registry has informed that this appeal is time barred by 1535 days. On going through the condonation application along with the affidavit, and after hearing both the parties, we find that this delay is accountable for three reasons. Firstly, Sri Naresh Kumar Chhaparia, Director of M/s […]

ITAT condones delay of 1217 days in appeal filing

May 2, 2022 849 Views 0 comment Print

Kal Airways Private Limited Vs DCIT (ITAT Chennai) The Registry has noted inordinate delay of 1217 days in the appeal. The condonation of the same has been sought by the assessee on the strength of affidavit of Shri K.Sundar for assessee company. It has been submitted that delay has occurred due to frequent covid surge […]

AO not required to confine assessment only on issue for which assessment was reopened

May 2, 2022 507 Views 0 comment Print

M.R. Enterprises Vs ITO (ITAT Delhi) Admittedly, in the present case the assessment was reopened on the basis of cash deposited in the bank account and no addition has been made by the Assessing Officer regarding deposit of this amount. It is seen that the assessee has not raised this issue before the learned CIT(Appeals). […]

Subscription received for Cloud Services is not a royalty income

May 2, 2022 3570 Views 0 comment Print

MOL Corporation Vs DCIT (International Taxation) Circle (ITAT Delhi) Bench is of considered view that the cloud base services do not involve any transfer of rights to the customers in any process. The grant of right to install and use the software included with the subscription does not include providing any copy of the said […]

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