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ITAT restricts addition based on noting in diary to 10% of gross receipts

October 31, 2021 957 Views 0 comment Print

Smt. Bhavana Jain, Prop. M/s Akash Metal Vs ITO (ITAT Delhi) The assessee’s explanation with regard to interest in the loose sheet i.e. blue diary found during the course of search was that it was for the purpose of memory and the addition could not have been made solely on the basis of loose paper […]

Penalty not sustainable if AO dropped penalty in earlier AY on same set of facts

October 31, 2021 1140 Views 0 comment Print

Action Construction Equipment Ltd. Vs DCIT (ITAT Delhi) The Assessing Officer has not given any reason as to why he dropped the penalty in Assessment Year 2010-11 and sustained the imposition of penalty for Assessment Year (AY) 2009-­10 under the same set of facts. Moreover, in the impugned penalty order, the Assessing Officer has stated […]

Donation with specific direction on uses entitled for section 11 deduction

October 31, 2021 3225 Views 0 comment Print

Jeypore Evangelical Lutheran Church Vs ITO (ITAT Cuttack) From the narration given in the list of donations, it is observed that the amount of donation has been given for the specific purpose. The Assessing Officer has bifurcated three donations as specific purpose and left out other donations not being specific purpose without giving any reason. […]

If AO made addition on estimated GP basis than other item-wise disallowance should not be made

October 29, 2021 3069 Views 0 comment Print

Devyani Tex Chem Pvt. Ltd. Vs ACIT (ITAT Surat) From the above facts it is abundantly clear that books of accounts of the assessee were rejected by the assessing officer and on appeal, ld CIT(A) upheld the rejection of books of accounts and reduced the profit estimation. We also upheld the order of ld CIT(A), […]

Activity of Providing Affordable Housing by MHADA is Charitable in Nature

October 29, 2021 660 Views 0 comment Print

Maharashtra Housing & Area Development Authority (MHADA) Vs DCIT (ITAT Mumbai) Merely because MHADA builds tenements and sells them does not lead to any inference that MHADA’s activities are in the nature of trade, commerce or business. We have already discussed in detail that assessee’s activity is no way can be held for the profit […]

Assessment to be made u/s 153C instead of u/s 147 in case of Search assessment

October 29, 2021 9591 Views 0 comment Print

Since no fresh information was collected by AO or no information had come to the notice of AO in normal course, other than the information collected during the course of search from searched person therefore, as provided under sections 153A and 153C, search assessments was required to be made under section 153A or section 153C, but not under section 147.

No section 271D Penalty on wife for receiving money from husband for purchase of family property

October 29, 2021 4116 Views 0 comment Print

Penalty under section 271D could not be levied on wife for receiving money from her husband for purchase of family property as practice of registering the property in name of the wife was guided by various family and societal factors besides encouragement of the Government for such transactions entered into by female members in the family by way of reduced stamp duty and she had offered reasonable explanation justifying the cash transactions

Addition under section 69A unsustainable for cash deposited as facilitator

October 28, 2021 4803 Views 0 comment Print

Ashish Natvarlal Vashi Vs ITO (ITAT Surat) Conclusion- Cash deposited in bank was transferred to insurance company by way of insurance premium in the name of respective insurer – Assessee acted as facilitator and not the owner of the cash deposited in bank account – Addition not possible under section 69A. Facts- The assessee deposited […]

No interest expense disallowance when own fund exceeds capital work-in-progress

October 28, 2021 1971 Views 0 comment Print

As own fund of the assessee exceeds the amount of capital work in progress. A presumption can be drawn that the own fund is utilized in such capital work in progress. Therefore there cannot be any disallowance on account of interest expenses.

TPO duty bound to determine ALP by following any one of prescribed methods

October 28, 2021 1488 Views 0 comment Print

Firemenich Aromatics Production (India) Pvt. Ltd. Vs ACIT (ITAT Mumbai) We find that IS charges were paid by the assessee for obtaining access to ERP software and for regular recurrent services and such charges were paid in earlier years also. In AY 2012-13, similar adjustment proposed by Ld. TPO was deleted by coordinate bench on […]

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