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All ITAT

Section 54 exemption cannot be claimed on the basis of non-genuine agreement

September 24, 2021 1041 Views 0 comment Print

Jayaseelan Vs ITO (ITAT Chennai) Shri Jayaseelan (the Appellant) has filed the current appeal being aggrieved against the order dated March 5, 2018 passed by the ld. Commissioner of Income Tax (Appeals) (the CIT(A)) for the assessment year 2014-15 wherein  the claim of the Appellant claiming benefit under section 54 of the Income Tax Act,1961 […]

Independent Building with multiple Residential Units Eligible For Section 54F Exemption

September 24, 2021 3345 Views 0 comment Print

Ramaiah Harish Vs ITO (ITAT Bangalore) It was held that an independent building can have a number of residential units and it will not lose the character of one residential house.

Non-Disposal of Objections vitiate the assessment order

September 24, 2021 2613 Views 0 comment Print

ITO Vs P.H. Chandrashekar (ITAT Bangalore) Non-disposal of objections filed by the assessee before the completion of assessment is against the procedure prescribed by Hon’ble Supreme Court in the case of GKN Driveshafts (P) Ltd (supra). Hence the same will vitiate the impugned assessment order. FULL TEXT OF THE ORDER OF ITAT BANGALORE The revenue […]

ITAT allows deduction of CSR expenses incurred by Toyota

September 24, 2021 1893 Views 0 comment Print

Appellant, during AY 2012-2013, paid a huge amount towards provision of toilet facilities in Government Schools where the children of employees of the Appellant were studying. While filing the returns for that year, the Appellant claimed the same amount as Corporate Social Responsibility (CSR) expenses and submitted that by incurring the expenses, its productivity improves and the loyalty of its employees are also ensured.

Tehsildar is not a competent person to decide distance for Capital Gain

September 24, 2021 2550 Views 1 comment Print

In so far as the certificate issued by the Tehsildar is concerned which is at page No.1A of the paper book, it does not show that from the Chidambaram how it comes to 8.5 K.M and apart from that in our view the Tehsildar is not a competent person to decide the distance.

Provision for doubtful and bad debts to be considered as operating expense in TP calculations

September 24, 2021 4827 Views 0 comment Print

Evolving Systems Networks India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The only other ground pressed was with regard to the action of the TPO in treating provision for bad and doubtful debts as part of non  operating expense while computing operating margin of comparables.  Karnataka High Court has also taken a view in the case […]

No income accrues or arises in India if Non-resident rendered services outside India

September 24, 2021 2691 Views 0 comment Print

ACIT Vs Groz Engineering Tools Pvt. Ltd. (ITAT Delhi) Non-residents have rendered the services outside India and have been paid in foreign currency. Therefore, no income accrues or arises in India. These non­residents do not have any PE or business connection in India which is not doubted by the AO. Further, the Assessing Officer has […]

Section 80IB deduction eligible on receipt from Scrap generated during manufacturing

September 24, 2021 792 Views 0 comment Print

Receipts from sale of scrap being part and parcel of the activities and being approximate thereto would also be within the ambit of gains derived from industrial undertaking for the purposes of computing deduction u/s 80IB

Single Purchase & sale Transaction of shares cannot be treated as Business Activity

September 24, 2021 1446 Views 0 comment Print

Sak Industries Pvt. Ltd. Vs DCIT (ITAT Chennai) We find that the assessee has purchased 1,25,000/- equity shares of ING Vysya Bank during the month of January and February, 2009 and subsequently during the month of September, 2009 all the shares are sold. The assessee also shows the above transaction in its books of accounts […]

Tax on arbitration award for relinquishment of rights in partnership firm

September 24, 2021 5634 Views 0 comment Print

ACIT Vs Ramona Pinto (ITAT Mumbai) As regards the merits of the case, we find that the assessee has received an arbitration award for Rs.28 crores, upon relinquishment of her rights in the partnership of M/s. P. N. Writer & Co. Here it may be gainful to recount the brief history of the case which […]

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