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All ITAT

Goodwill is an asset under Explanation 3(b) to Section 32(1)

February 20, 2022 1794 Views 0 comment Print

Kontoor Brands Pvt. Ltd. Vs ACIT (ITAT Bangalore) The issue on merit is regarding allowability of depreciation on intangible assets. On this aspect, the issue is covered by the Tribunal order rendered in the case of DCIT Vs. V.F. Arvind Brands Pvt. Ltd. (supra). Para nos. 12  of this Tribunal order are relevant in this […]

No section 68 Addition if Assessee discharges his obligation & AO found no adverse material against assessee

February 20, 2022 882 Views 0 comment Print

ITO Vs Cozy Footwear Pvt. Ltd. (ITAT Delhi) Here in this case, the assessee company has received share application money from three parties. Two of them were Directors and one was a corporate entity M/s Omexpo Enterprises Pvt. Ltd. In so far as the share application money received from Directors, the AO has held the […]

Deemed rent for unsold flats cannot be treated as Income of Developer

February 20, 2022 2337 Views 0 comment Print

ITAT Pune rules in favor of Ankit Enterprises, citing the treatment of unsold flats as stock-in-trade. Deemed rent addition not applicable.

Consideration received on sale of agricultural land cannot be taxed as income from other sources

February 20, 2022 7719 Views 0 comment Print

Prodyut Kumar Ghos Vs ITO (ITAT Kolkata) ITAT noted that assessee in his R.O.I (return of income) erroneously reflected the sale consideration that he received to the tune of Rs.26,96,250/- as agricultural income. On being confronted by the AO and when asked by the AO to produce evidence of agricultural income, the assessee realized the […]

Assessee cannot be taxed on amount on which tax is not legally imposable

February 20, 2022 1401 Views 0 comment Print

Akbar Mohammad Vs ACIT (ITAT Jodhpur) In the present cases, it is not in dispute that the assessee deposited the contribution of PF & ESI belatedly in terms of section 36(1)(va) of the Act. However, the said deposits were made prior to filing of return of income u/s 139(1) of the Act. Of course, it […]

ITAT allows telescoping benefit for meeting expenses towards commission

February 18, 2022 1395 Views 0 comment Print

Smt. Lata Garg Vs DCIT (ITAT Delhi) Facts- The assessee is an individual and derived income from salary, income from house property, income from business or profession and income from other sources. It was alleged that there were certain bogus purchases. Accordingly, AO alleged adding the same to the total income of the assessee. Conclusion- […]

AO cannot withdraw Section 10B relief allowed in earlier year in subsequent assessment year

February 18, 2022 1320 Views 0 comment Print

Gangagen Biotechnologies Pvt. Ltd. Vs PCIT (ITAT Bangalore) Bombay High Court in the case of CIT vs. Western Outdoor Interactive Pvt. Ltd. (349 ITR 309) has held that whether a benefit of deduction is available for a particular number of years on satisfaction of certain conditions and under the provision of Act, then without withdrawing […]

ITAT allows rectification of Mistake in Assessing vacant land to Wealth Tax

February 18, 2022 666 Views 0 comment Print

Wipro GE Healthcare Pvt. Ltd. Vs DCIT (ITAT Bangalore) We notice that there was difference of opinion between the assessee and the AO in respect of extent of land that is assessable to wealth tax. While the case of revenue is that entire vacant land admeasuring 2,54,020.58 sq.ft is assessable to wealth tax, the case […]

Trust not loses its character of being charitable merely for collection of charges

February 18, 2022 1698 Views 0 comment Print

Where main object or purpose of assessee s charitable trust was promotion of sports and swimming, merely because trust collected certain charges from coaching campus, same could not alter its character of being charitable.

ITAT passed order rectifying typographic mistakes in its Original Order

February 18, 2022 669 Views 0 comment Print

Biocon Ltd. Vs ITO (ITAT Bangalore) Present Miscellaneous Petitions are filed by assessee seeking rectification of typographic mistakes in order dated 14.06.2021 passed by this Tribunal in the above referred appeals. We have perused the order passed by this Tribunal viz-a-viz the submissions advanced by both sides and the records placed before us. We note […]

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