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All ITAT

Making rash, careless, erroneous allegations against tax authorities should be strongly discouraged: ITAT

January 18, 2022 4173 Views 0 comment Print

Abdul Wahab Vs ITO (ITAT Delhi) The specific words which arouse ITATs concern are the allegation that the CIT(A) order under challenge is alleged to have been passed in routine, arbitrary and whimsical manner having no sustainability in law. On-going through the record in the specific case ITAT find that none of the above allegations […]

Leasing charges allowable as Revenue expense if lessee have no ownership right over leased asset

January 18, 2022 3462 Views 0 comment Print

ThoughtWorks Technologies (India) Private Limited Vs DCIT (ITAT Bangalore) As per clause 4 of the agreement between the assessee and the First Leasing (lessor) the asset shall remain the exclusive property of the lessor (First Leasing) at all times. It further provides that the lessee at no time during the lease period can capitalize the […]

Amendment to Section 36(1)(va) & 43B of Income Tax Act not Retrospective

January 18, 2022 4704 Views 0 comment Print

ITAT hold that the amendment to section 36(1)(va) and 43B of the Act will not have application for the relevant assessment year, namely assessment year 2018-2019.

Provisions of section 115JB not applicable to banking company

January 18, 2022 2007 Views 0 comment Print

ITAT hold that the provisions of sec.115JB are not applicable to a banking company i.e. the assessee herein also. Having held that the provisions of sec.115JB are not applicable to the assessee, we are of the opinion that grounds No.19 to 22 need no adjudication at this stage.

Converting of debentures out of debit balance cannot be treated as diversion of funds

January 17, 2022 705 Views 0 comment Print

Addl. CIT Vs G.S. Pharmbutor P. Ltd. (ITAT Delhi) It is undisputed fact that the assessee has not given any loan or advances during the year. As can be seen from the copy of account of M/s. Moderate Leasing & Capital Services Limited, assessee has been paying advances and loan to the said company from […]

Education cess cannot be disallowed under section 40(a)(ii)

January 17, 2022 2424 Views 0 comment Print

LG Soft India Private Limited Vs DCIT (ITAT Bangalore) The Hon’ble Bombay High Court in the case of Sesa Goa Limited v. JCIT (supra) had held education cess is an allowable expenditure as the word ‘cess’ is conspicuously absent under the provisions of section 40(a)(ii) of the I.T.Act The Hon’ble High Court also placed reliance […]

Section 263 Revisional Jurisdiction cannot be Invoked for mere Change of Opinion

January 17, 2022 1488 Views 1 comment Print

Jaydeep J. Patel (HUF) Vs ITO (ITAT Ahmedabad) ITAT Ahmedabad Bench in an identical case where revisionary powers were exercised for directing detailed inquiry on agricultural expenses incurred, held that where the AO had accepted agricultural income after conducting due inquiries no revision u/s 263 can be done and that it tantamount to mere change […]

Saving of Rs. 2.5 Lakh by 80 Year Old Assessee cannot be doubted: ITAT

January 16, 2022 1476 Views 0 comment Print

M. K. Kempasiddaiah Vs ACIT (ITAT Bangalore) Since no documentary evidence was filed, the AO treated the sum of Rs.2,50,000/- was unexplained investment which the CIT(A) confirmed. It is the plea of the assessee that the assessee is a 80 years old person and his savings to the extent of Rs.2,50,000/- cannot be doubted. After […]

Internal TNMM preferred over external TNMM considering a higher degree of comparability

January 15, 2022 2592 Views 0 comment Print

Neilsoft Private Limited Vs DCIT (ITAT Pune) This appeal by the assessee is directed against the final assessment order dated 13-04-2021 passed by the Assessing Officer u/s 143(3) r.w.s. 144C(13) r.w.s. 143(3A) & 143(3B) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) in relation to the assessment year 2016-17. 2. The only […]

No Section 50C addition for variation of upto 10% of stamp duty value

January 15, 2022 8529 Views 0 comment Print

Mamatha Divakar Shetty Vs ITO (ITAT Hyderabad) In the statement of LTCG, the assessee had not adopted the market value/SRO value as sale consideration as per section 50C of the Act. In AY 2012-13, the assessee computed LTCG by adopting market value of Rs. 9,44,98,000/- and the assessee being 1/4th share beneficiary of Rs. 2,09,62,515/-, […]

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