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Assessment Order passed in the name of amalgamated entity is invalid

March 28, 2022 1161 Views 0 comment Print

Honda Cars India Ltd. Vs DCIT (ITAT Delhi) In this case In spite of intimation to the TPO and the Assessing Officer regarding the amalgamation of ‘Honda Motor India Pvt. Ltd.’ to ‘Honda Cars India Ltd.’, not only the order under section 92CA(3) of the Act was passed in the name of the amalgamated company, […]

No addition based on evidence which is not confronted to the assessee

March 28, 2022 6651 Views 0 comment Print

DCIT Vs Rashmi Float Glass Ltd. (ITAT Kolkata) We find that the only addition made is of share application received u/s 68 of the Act and addition of commission paid allegedly for the share application money and finally a disallowance u/s 14A of the Act. No incriminating material has been found during the course of […]

Expense on Consumable Tools having short working life with no independent function allowable as Revenue expense

March 28, 2022 543 Views 0 comment Print

Walvoil Fluid Power India Pvt. Ltd. Vs DCIT (ITAT Bangalore) On perusal of the list of the tools treated as capital in nature and we find that the value per item in the entire list is not significant. The ratio laid down by the Hon’ble SC in Sarvana Spinning Mills Pvt. Ltd., (Supra) is that […]

Deduction of employees’ contribution to PF/ESI made prior to due date of filing ITR

March 28, 2022 2064 Views 0 comment Print

Google India Private Limited Vs DCIT (ITAT Bangalore) ITAT held that assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income u/s 139(1) of the I.T.Act. It was further held by the ITAT that […]

No addition for cash deposit of demonetized notes for which Sales already been offered for taxation

March 27, 2022 6192 Views 0 comment Print

Appeal by Anantpur Kalpana against CIT(A) order on demonetized notes. Cash deposits treated as unexplained credits. Learn about double taxation issues

ITAT directs NFAC to reconsider Appeal instead of dismissing merely for delay in filing

March 27, 2022 453 Views 0 comment Print

Neelam Hospital Vs ITO (ITAT Chandigarh) Admittedly and undisputedly, the assessee had filed the appeal before the NFAC beyond the period of limitation and there was a delay of 252 days in filing the appeal. However, it is also undisputed that the NFAC did not adjudicate the appeal of the assessee on merits but dismissed […]

PCIT cannot pass revision order on issues which are not subject matter of limited scrutiny assessment proceedings

March 27, 2022 984 Views 0 comment Print

Learned PCIT has exceeded her jurisdiction in examining issues other than the issues which is subject matter of limited scrutiny assessment proceedings before the Assessing Officer.

AO cannot impose penalty without proving concealment by assessee

March 26, 2022 2658 Views 0 comment Print

Jhodinda Bhojpura Gram Sewa Sahakari Samiti Ltd Vs ITO (ITAT Jaipur) It is well-settled that assessment proceedings and penalty proceedings are separate and distinct and as held by the Supreme Court in the case of Ananthraman Veera singhaiah & Co.Vs. CIT [1980] 123 ITR 457, the finding in the assessment proceedings cannot be regarded as […]

Expense on Installation of ERP package abandoned midway is revenue expenditure

March 26, 2022 786 Views 0 comment Print

DCIT Vs Landis+ Gyr Ltd. (ITAT Kolkata) Expenditure incurred for construction / acquisition of new facility which had to be abandoned midway will be allowable as a revenue expenditure as incurred wholly or exclusively for the purpose of assessee’s business. It is to be noted that in the instant case also, the expenditure incurred by […]

No section 68 additions if appellant not produced any books of accounts

March 26, 2022 5811 Views 0 comment Print

DCIT Vs Rakesh Kumar Agrawal (ITAT Indore) The appellant also agitated the making of the addition on the legal ground that since as per the AO’s own version, during the course of the assessment proceedings, the appellant had not produced any books of account and therefore, the question of finding any credit entry as regard […]

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