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Pension to wholetime Directors allowable as business deduction

December 26, 2021 1674 Views 0 comment Print

Payment of Rs.89 lakhs on account of pension to wholetime Directors on the basis of Board resolution of the assessee company was incurred wholly and exclusively for the purpose of business of the assessee and was allowable as deduction.

Section 36(1)(va)/43B amended by Finance Act 2021 applicable from 01.04.2021

December 26, 2021 5028 Views 0 comment Print

Pee Tee Turners Vs Assistant Director of CPC (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) – D/R has referred to the explanation to […]

Employees contribution of ESI/PF paid prior to filing of return of income u/s 139(1) allowable

December 26, 2021 2364 Views 0 comment Print

Citi Centre Developers Vs CPC (ITAT Chandigarh) Since the facts of the present cases are identical to the facts involved in Raja Ram Vs. ITO, Yamunanagar (ITAT, Chandigarh) therefore respectfully following the earlier orders as referred to herein above of the different Benches of the ITAT, the impugned additions made by the Assessing Officer and […]

Section 80C disallowance: ITAT directs AO to consider submission of Assessee

December 26, 2021 1866 Views 0 comment Print

Ld. CIT(A) did not consider submission of Assessee and wrongly observed in impugned order that appellant has not given any submissions and evidences regarding the disallowance of deduction u/s.80C

Capital Gain computation in case of diversion of Agricultural Land from gram panchayat to municipality

December 26, 2021 6030 Views 0 comment Print

Krishna Mohan Choursiya Vs ITO (ITAT Indore) We find that there is a clear distinction between a municipality and a gram panchayat as also enunciated in the judgment of Hon’ble Madras High Court in the case of CIT v. P.J. Thomas as reported in [1995] 211 ITR 897 (MAD.), therefore, we are of the view […]

Consider only investments which actually yielded dividend income for section 14A: ITAT Kolkata

December 26, 2021 1155 Views 0 comment Print

AO to consider only the opening and closing value of those investments which actually yielded dividend income to the assessee during the relevant year for the purposes of computing the disallowance under section 14A of the Act read with Rule 8D(2)(iii).

Exceptions in low Tax effect circular not applicable to Penalty appeals

December 26, 2021 3822 Views 0 comment Print

DCIT Vs Aluvind Architectural Pvt. Ltd. (ITAT Mumbai) We find at the outset, the ld AR argued that penalty that is in dispute before us, falls below the monetary limit prescribed by the CBDT in its Circular 17/2019 dated 08/08/2019 for preferring appeal by the Revenue before this Tribunal. We find that the ld. DR […]

Addition of notional rent in respect of unsold flats held as stock-in trade is not valid

December 26, 2021 5997 Views 0 comment Print

DCIT Vs. Bengal Shapoorji Housing Development Pvt. Ltd. (ITAT Mumbai) The ld. A.R assailed the assessing of the ALV of the flats that were held by the assessee firm, a real estate developer, as it stock-in-trade of its business for the year under consideration. It was the claim of the ld. A.R that as the […]

Delayed deposit of ESI/PF u/s 36(1)(va)- ITAT allowed deduction

December 26, 2021 1650 Views 0 comment Print

Transzone Logistrics (India) Pvt. Ltd. Vs DCIT (ITAT Delhi) It is an undisputed fact that though there has been delay in deposit of PF/ESI dues but it is also an undisputed fact that money collected from employees, have been deposited with the appropriate authorities before filing of return of income. We find that Delhi Bench […]

Amended provisions of section 43B & 36(1)(va) not applicable for AYs prior to AY 2021-22

December 25, 2021 2628 Views 0 comment Print

Eskay Heat Transfers Private Limited Vs ADIT (ITAT Bangalore) Till Assessment Year (AY) 2020-2021 Assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income u/s 139(1) of the I.T.Act as Amendment by Finance Act, […]

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