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All ITAT

Different price provided to Services Providers not amounts to commission or brokerage

February 28, 2022 645 Views 0 comment Print

ITO Vs Thyrocare Technologies Ltd. (ITAT Mumbai) The assessee is providing pathological testing services through its diagnostic laboratories. The assessee has made arrangement with various sample collection centres referred to as Thyrocare Services Providers (TSPs) for collection of samples and forwarding the same for testing to the assessee. It is an admitted fact that the […]

Income from letting out of Land independently forming part of Business Assets taxable as business income

February 28, 2022 1146 Views 0 comment Print

Trimurti Films Pvt. Ltd. Vs ACIT (ITAT Mumbai) In the given case, the assessee was using the bungalow and land together for the film production as part of business assets. Since the film production is stopped, it has separated the bungalow and vacant land. It uses the bungalow for storage for its own purpose and […]

Reopening notice invalid in absence of any tangible material to establish escapement of income for assessment

February 28, 2022 1080 Views 0 comment Print

ACIT Vs Ravi Parkash Aggarwal (ITAT Delhi) Primarily, we find that the reasons recorded by the assessee are too sketchy and does not instill any confidence with regard to the reasons recorded for reopening. It is not even clear whether the assessee has received entries pertaining to loans or purchases. The details of the report […]

ITAT allows Income tax exemption to Sharda Mandir High School

February 28, 2022 1275 Views 0 comment Print

Sharda Mandir High School Vs CIT (ITAT Mumbai) The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has ruled that the unregistered Association of Persons formed by agreement merging two charitable Trusts eligible for exemption under Income Tax. The appellant Sharda Mandir High School which is an Association of person (AOP), against order passed by […]

Primary onus discharged on establishing identity and creditworthiness of share applicants & genuineness of transactions 

February 26, 2022 1338 Views 0 comment Print

DCIT Vs Sanverwala Jewellers Pvt Ltd (ITAT Indore) In this case Assessing Officer merely doubted the investment made by the share applicants for the reason that they did not submit any proof regarding agricultural activities done by them. It is therefore quite evident that the Assessing Officer himself accepted the identity of the share applicants […]

AO cannot make addition by relying on rejected books of accounts

February 26, 2022 5538 Views 0 comment Print

ACIT Vs ISMT Limited (ITAT Pune) It is settled position of law that the Assessing Officer cannot rely on the same books of accounts which are rejected for the purpose of making any other additions as held by the Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions vs. CIT, 232 ITR 776 […]

ITAT allows deduction for distribution of free samples to Doctors by Pharma Company

February 26, 2022 2259 Views 0 comment Print

Procter & Gamble Health Limited Vs ACIT (ITAT Mumbai) Undisputedly, the assessing officer had disallowed 50% of the total cost incurred by the assessee towards free samples in the relevant assessment years. Whereas, simply relying upon the decision of the learned DRP in assessment year 2013-14, learned Commissioner (Appeals) has restricted the disallowance to 20% […]

ITAT allows Section 80IC Deduction on Interest on Electricity Deposit, Recovery from Transporters & Sundry Balances of Vendors written off

February 25, 2022 942 Views 0 comment Print

ACIT Vs Gujarat Ambuja Exports Ltd. (ITAT Ahmedabad) The ld.counsel for the assessee at the very outset submitted that as far as amounts mentioned under the head interest on NSC and interest on staff loan is concerned they are not in dispute. The deduction claimed under section 80IC with regard to both these items have […]

No section 271CA penalty if Assessee furnishes form 27BA with return copy

February 24, 2022 1257 Views 0 comment Print

Ajit Lalwani Vs ACIT (TDS) (ITAT Indore) In the instant of two appeals assessee has challenged the levy of penalty u/s 271CA of the Act for the violation of provisions of section 206C of the Act. We find that the assessee has furnished copy of form 27BA along with copy of Income Tax return of […]

Only Profit Element in Sale can be treated as income not the Entire sale consideration

February 23, 2022 3591 Views 0 comment Print

It not the entire sales consideration which is to be brought to tax but only the profit attributable on the total unrecorded sales consideration which alone can be subject to income tax

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