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All ITAT

Amount given for purchasing share holding cannot be treated as Loan for Section 2(22)(e)

January 30, 2022 963 Views 0 comment Print

ITO Vs GRA Enterprises (ITAT Delhi) Assessing Officer while framing the assessment notice observed that the assessee had received total unsecured laon expenditure of Rs. 22,21,29,723/-, during the year out of which an amount of Rs. 950,000,00/- was received from M/s Telecare Network India (P), a closely held company having its office at Zen House, […]

Section 54F deduction claimable to the extent of capital gain amount utilized till return filing under Section 139(4)

January 30, 2022 5181 Views 0 comment Print

Smt. Chander Kanta Maheshwari Vs ITO (ITAT Delhi) Deduction under section 54F of the Act can be claimed to the extent of amount of capital gain utilized till the filing of the return under Section 139(4) of the Act. As in the instant case, the ld. Commissioner allowed the deduction under Section 54 of the […]

ITAT rejects Fabrics business theory put by a practicing CA to explain Cash Deposits

January 30, 2022 1494 Views 0 comment Print

Ram Avtar Bansal Vs ITO (ITAT Delhi) The assessee was asked to explain the source of cash deposited in the aforementioned bank accounts. In his reply, the assessee accepted that the gross receipts of Rs. 60,02,800/- belong to him and simultaneously submitted a revised return on 18/1/2015. The gross receipts were shown as income from […]

Interest on Idle fund deposited in bank temporarily is taxable as Business Income

January 30, 2022 3042 Views 0 comment Print

Habitate Realtech P. Ltd. Vs DCIT (ITAT Delhi) When it is a fact on record that the business fund lying idle with the assessee was invested in fixed deposit for earning some income which can be utilised in the business at the time of need, it has to be held that the interest income is […]

Transponder Charges cannot be treated as ‘Royalty Income’ despite amendment to section 9(1)(vi)

January 30, 2022 1224 Views 0 comment Print

It is held that transponder charges are not in the nature of ‘Royalty income in the hands of recipients despite amendment to section 9(1)(vi of the Act.

Income of ‘Sabre Asia Pacific’ from computerized Air ticket reservation taxable in India

January 29, 2022 729 Views 0 comment Print

Sabre Asia Pacific Pte Ltd Vs ACIT (ITAT Mumbai) The first issue that needs to be decided is whether the assessee has a permanent establishment in India or not? This is challenged as per ground 2 of the appeal. We find that this issue is squarely covered against the assessee by the decision of the […]

Expense on purchase of cigarettes, wines etc. cannot be allowed as business expenses

January 29, 2022 10317 Views 0 comment Print

Maharani of India Vs ACIT (ITAT Delhi) TDS not deductible on membership and subscription charges The membership and subscription charges are not covered under any specific sections provided under Chapter XVII-B of the Act. It is also very important to mention here that in the preceeding years i.e. A.Y. 2012-13 and 2013-14 as well as […]

Section 14A disallowance needs to be re-worked based on investments which yielded tax free income

January 28, 2022 2187 Views 0 comment Print

Zuari Investments Ltd. Vs ITO (ITAT Delhi) As far as the alternate submissions of the Learned AR in working the disallowance u/s 14A only after considering the investment which have yielded tax free income is concerned, we find force in the submission of Learned AR. We find that Hon’ble Delhi High Court in the case […]

ITAT deletes 25% addition for jewellery made by CIT(A) without any rational basis

January 28, 2022 1137 Views 0 comment Print

Vijay Kumar Maheshwari Vs DCIT (ITAT Jaipur) Coming to the matter relating to jewellery received from Late Shri Shri Ramswaroop Maheshwari, it is noted that the assessee has submitted before the ld CIT(A) as well as before the AO that Late Shri Ramswaroop Maheshwari during the period 2005-06 was not keeping well and wanted to […]

Charitable Trust eligible for 30% Standard deduction against House Property Income

January 28, 2022 3621 Views 0 comment Print

Vishwa Kalyan Society Vs DCIT (ITAT Ahmedabad) Brief facts of the case are, that the assessee is a Charitable Trust, having income under the heads Income from House Property and Income from Other Sources. The assessee has filed its return of income online on 29-09-­2012 showing taxable income as NIL with a refund claim of […]

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