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All ITAT

Amendment in Section 36(1)(va) and 43B by Finance Act 2021 is prospective

December 28, 2021 2241 Views 0 comment Print

Vinko Auto Industries Limited Vs DCIT (ITAT Amritsar) Now, coming to the second aspect/determination made by the CIT(A) to the effect that the amendment made in Section 36(1)(va) and 43B of the Act by Finance Act 2021 has to be considered as clarificatory in nature and having retrospective effects, therefore would be applicable to the […]

ITAT deletes Addition for delayed payment of ESI/EPF as paid before due date of ITR filing

December 28, 2021 1146 Views 0 comment Print

Express Roadway P. Ltd. Vs ACIT (ITAT Delhi) The issue in the present ground is with respect to addition made on account of delayed payment of ESI/EPF. We find that CIT(A) while deciding the issue in favour of the assessee has given a finding that though there was delay in deposit of ESI & EPF […]

Receipt of payment for mere allowing customer/users to access database not amounts to Royalty

December 28, 2021 1053 Views 0 comment Print

Elsevier Information Systems GMBH Vs DCIT (ITAT Mumbai) t issue which arises for consideration is, whether the subscription fee can be treated as fees for technical services. As discussed earlier, it is evident that the assessee has collated data from various journals and articles and put them in a structured manner in the database to […]

Belated payment of employees’ contribution to PF & ESI – ITAT allowed

December 27, 2021 1485 Views 0 comment Print

Vansh Jain Vs DCIT (ITAT Delhi) Since in the instant case the assessee admittedly has deposited the employees’ contribution to PF & ESI before the due date of filing of the income tax return, therefore, respectfully following the decisions cited (supra), I hold that the Ld. CIT(A) is not justified in sustaining the adjustment made […]

Disallowance under Section 43B due to wrong reporting in Audit Report- ITAT restores the issue to AO

December 27, 2021 4890 Views 0 comment Print

Rukmini Polytubes Pvt. Ltd. Vs DCIT (ITAT Delhi) ITAT find the adjustment of Rs. 1,82,543/- under section 43B(b) was made by the CPC on account of belated payment of PF and ESI payment of Bonus and GST. It is the submission of the Learned Counsel for the Assessee that the above payments were made before […]

ITAT deletes disallowance for belated payment of employees’ contribution to PF & ESI

December 27, 2021 1653 Views 0 comment Print

Worldwide Facility Management Services Pvt. Ltd. Vs DCIT (ITAT Delhi)  Since in the instant case the assessee admittedly has deposited the employees’ contribution to PF & ESI before the due date of filing of the income tax return, therefore, respectfully following the decisions cited (supra), I hold that the Ld. CIT(A) is not justified in […]

ITAT delete disalllowance for Employees’ contribution to PF & ESI paid before due date of ITR filing

December 27, 2021 1326 Views 0 comment Print

Aroon Facilitation Management Services Pvt. Vs DCIT (ITAT Delhi) I find the A.O. CPC in the instant case has computed the income of the assessee at Rs.16,58,230/- as against the returned income of Rs.6,98,610/- by making an adjustment for a sum of Rs.9,59,624/- on account of belated payment to employees’ contribution towards PF & ESI […]

Right to receive annuity on toll road eligible for depreciation

December 27, 2021 1968 Views 0 comment Print

The assessee classified such cost incurred and right to receive annuity on the toll road as an intangible asset eligible for depreciation u/s.32(1)(ii) of the Act.

TDS on advertisement expenses paid to Facebook, Tapjoy etc. -ITAT Restores matter to AO

December 27, 2021 5979 Views 0 comment Print

Moonfrog Labs Pvt. Ltd. Vs ACIT (ITAT Bangalore) The Ld.CIT(A) held that the advertisement expenses paid to Facebook and other entities constitutes use of industrial, commercial or scientific equipment under section 9(1)(vi) of the Act whether active or passive and hence ‘Royalty’ under the Act. As regards taxability as ‘“Fees for technical services’, it was […]

No section 36(1)(va) for PF/ESI dues paid before return filing

December 26, 2021 14166 Views 0 comment Print

ITAT Delhi rules in Amandeep Singh Khurana vs ITO, disallowance u/s 36(1)(va) not valid for delayed PF/ESI deposit if made before return filing.

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