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Foreign exchange difference as on balance sheet date is allowable expense

March 13, 2022 3183 Views 0 comment Print

Venture Lighting India Vs ACIT / DCIT (ITAT Chennai) ITAT noted that the assessee is consistently following a policy and method of accounting admitting foreign exchange gain or loss on year-on-year basis. The assessee before us filed complete chart from assessment year 2010-11 to 2016-17 as noted above. Before us, the ld. Senior DR could […]

Appellate authority shall decide appeal on merits despite absence of assesse

March 13, 2022 1056 Views 0 comment Print

The appellate authority has to decide the appeal on merits even in the absence of assessee and not to dismiss it for default.

CIT Appeal cannot set aside the matter to the file of AO

March 13, 2022 4434 Views 0 comment Print

ACIT Vs Shri. Mohamed Hassan (ITAT Chennai) Section 251(1)(a) of the Act does not provide power to the Ld. CIT(A) for setting aside the matter to the file of the Ld. AO. The power given to the Ld. CIT(A) in terms of section 251(1)(a) of the Act relates to confirming, reducing, enhancing or annulling the […]

ITAT imposes cost on Assessee for failure to attend before CIT(A)

March 13, 2022 1110 Views 0 comment Print

Explore the ITAT Delhi’s decision in Anant Media Pvt. Ltd. vs. ACIT case. Learn about the challenges, legal principles, and the directive to the assessee for a fresh hearing. Understand the implications of the share premium disallowance and the significance of complying with authorities’ notices.

Loss due to forfeiture of security deposits given for lease of rental premises allowable

March 13, 2022 6930 Views 1 comment Print

ACIT Vs Benetton India Pvt. Ltd. (ITAT Delhi) The assessee submitted that the advances written off is not a capital loss as it is written off as security deposits against the shops obtained on rent. Such write off of security deposits was incidental to the business of the assessee and was for running its operations. […]

Section 54F- Source of funds is irrelevant & Possession date is Purchase date 

March 13, 2022 12423 Views 1 comment Print

ITAT Mumbai held that for claiming exemption under section 54 Date on which possession is by the Assessee  should be taken as the date of purchase and further section only require Assessee to purchase/Construct a residential house within the specified period and source of funds is quite irrelevant.

Demand to levying late fee u/s. 234E for the period prior to 01.06.2015 not sustainable

March 12, 2022 2472 Views 0 comment Print

Shri Bhaskar Roy Vs ITO (TDS) (ITAT Kolkata) ITAT held that demand raised by the Income Tax Authorities for levying late fee u/s. 234E of the Act for the period prior to 01.06.2015 cannot be sustained and we order accordingly. However, we hasten to add that Hon’ble Karnataka High Court while passing the order had […]

Section 271(1)(c) Penalty notice issued without strike off of irrelevant part not sustainable

March 12, 2022 3636 Views 0 comment Print

Kanshi Ram through Legal heir Sh. Sanjeev Kumar Vs ITO (ITAT Delhi) On perusal of the notice issued u/s 274 read with section 271(1)(c) of the Act we observe that the notice issued was stereotyped and the Assessing officer has not specified any limb or charge for which the notice was issued i.e., either for […]

No section 14A disallowance if Assessee’s own funds exceeded investments

March 12, 2022 897 Views 0 comment Print

Lotus Ornaments Pvt. Ltd. Vs ACIT (ITAT Mumbai) Upon perusal of assessee’s financial statements, it could be gathered that assessee’s own funds in the shape of share capital and free reserves far exceeds the investment made by the assessee and therefore, a presumption would run in assessee’s favor that the investments were funded out of […]

ITAT directs dept to check residential status of Barclays Bank before disallowing interest paid to it

March 11, 2022 825 Views 0 comment Print

Bajaj Foods Ltd Vs The ITO (ITAT Ahmedabad) Undeniably the interest paid to Barclays Bank by the assessee has been added to the income of the assessee for non deduction of tax at source thereon as per section 195 of the Act treating the said Bank to be a non redident. The order of the […]

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