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Employees Contributions to ESI & PF made after due date allowable as Deduction

March 22, 2022 4329 Views 0 comment Print

Deloitte Haskins & Sells Vs Additional Director of Income Tax (ITAT Kolkata) ITAT, Kolkata has specifically propounded that if employees’ contribution received by an assessee and paid to ESI and PF accounts before the due date of filing of the return, then the assessee will be eligible to claim the deduction of such amounts. With […]

No Section 234E late fees for Failure to file TDS/TCS Return prior to 01.06.2015

March 22, 2022 753 Views 0 comment Print

Garrison Engineer (E/M) Vs JCIT (TDS) (ITAT Agra) The common issue involved in these appeals is that the AO imposed late fees u/s 234E of the Act., where the enabling clause (c) was inserted in the section 200A w.e.f. 01.06.2015. Which has been confirmed by the Ld. CIT(A) relying on the of Hon’ble Gujarat High […]

AO cannot treat a revenue expense as capital without showing any justifiable grounds

March 22, 2022 2346 Views 0 comment Print

DCIT Vs Quippo Oil And Gas Infrastructure Ltd (ITAT Delhi) The assessee-company is engaged in providing plants and machinery, mobile drilling rigs, equipment and other related services to oil and gas industry. The assessee during the year has entered into contract with Jubilant Oil and Gas Pvt. Ltd. On perusal of the terms of the […]

Income from granting access to data base is not Royalty under India-USA DTAA

March 22, 2022 3174 Views 0 comment Print

OVID Technologies Inc. Vs DCIT (ITAT Delhi) In the case in hand, the revenue derived by the assessee from granting limited access to its data base is akin to sale of book, wherein purchaser does not acquire any right to exploit the underlying copyright. When the purchaser reads the book, he only enjoys the content. […]

Revenue cannot file appeal during moratorium period under IBC, 2016

March 22, 2022 1806 Views 0 comment Print

DCIT Vs Global Softech Ltd. (ITAT Mumbai) As per the provisions of section 14 of the IBC Code institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, arbitration panel or other authority shall be prohibited during […]

No Section 54B exemption if property not purchased in the name of assessee

March 21, 2022 4080 Views 0 comment Print

Vandana Maruti Pathare Vs ITO (ITAT Pune) Succinctly, the factual panorama of the case is that the assessee transferred certain agricultural lands and claimed exemption u/s 54B of the Act amounting to Rs.18 lakhs. During the course of assessment proceedings, the assessee submitted that she purchased new agricultural land in the name of her sons, […]

PF/ESI/EPF paid before ITR filing for AY 2018-19 was allowable: ITAT Agra

March 21, 2022 19920 Views 0 comment Print

Krishna Kanha Shelters Pvt. Ltd. Vs ACIT (ITAT Agra) ITAT held that AO was not justified in denying, the deduction claimed by the assessee for AY 2018-19 on account of late deposit of PF/ESI/EPF, albeit before filing the return of income. Admittedly in all the above-stated matters, the revenue had not contended that the assessee […]

No addition based on mere confidential information submitted before Settlement Commission

March 21, 2022 2955 Views 0 comment Print

Addition cannot be made on the basis of mere confidential information submitted before Settlement Commission without incriminating material found in search and seizure to support addition.

CENVAT credit receivables which cannot be set off allowable as expense

March 20, 2022 2652 Views 0 comment Print

This is generally a regular practice in the manufacturing sector which is also followed by the assessee from year to year. The CENVAT credit receivables which could not be set off has been rightly claimed by the assessee as deduction.

Section 153C addition should be based on Incriminating Materials Found During Search

March 20, 2022 1158 Views 0 comment Print

Ashok Kumar Tyagi Vs ACIT (ITAT Delhi) ITAT held that the addition of agricultural income as income from other sources was not based on any incriminating/seized material found as a result of search. Even, the disallowance of loss claimed against house property income is also not with reference to any seized material. It is a […]

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