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All ITAT

Section 12AA: CIT(E ) should not extend its authority beyond Income Tax Act, 1961

August 15, 2021 1770 Views 0 comment Print

Doctor Madan Lal Atri Charitable Trust Vs CIT Exmp. (ITAT Agra) The purpose of grant of registration is to ensure that the assessee is primarily into charitable activities as defined undersection 2(15) of the Act and for those purposes, Commissioner exemption should make enquiries only. The Commissioner exemption should not use this opportunity to extend […]

Late payment of employee’s contribution to EPF & ESIC allowable if paid before filing I.T. return

August 15, 2021 7686 Views 0 comment Print

Indo States Exports Vs ACIT (ITAT Delhi) The only effective ground is against the disallowance of Rs.3,01,631/- on account of late payment of employee’s contribution towards EPF and ESI. Ld. Counsel for the assessee submitted that authorities below were not justified in disallowing the claim of the assessee in respect of employee’s contribution. Hon’ble Jurisdictional […]

ITAT reduces addition for Bogus Purchase to 6% from 12.5%

August 13, 2021 867 Views 0 comment Print

Shri Kamal H. Shah Vs ITO (ITAT Mumbai) Undisputedly, the assessee has failed to prove genuineness of purchases and the authenticity of the dealers in both the impugned assessment years. The notices sent to the dealers under section 133(6) of the Act on the addresses furnished by the assessee by the Assessing Officer were received […]

Bogus purchases – no section 263 revision for estimating income at higher rates

August 13, 2021 1035 Views 0 comment Print

M/s. Vaghasiya Exports Vs Pr. CIT (ITAT Mumbai) Ld. AO was clinched with the issue of suspicious purchases made by the assessee from various entities of tainted group. In fact, it is the only addition made in the assessment order. Specific queries were raised requiring the assessee to substantiate the purchases under suspicion. The assessee […]

No infringement of Section 40A(3) four cash payment for seeds to villagers & tribals in naxalite area

August 13, 2021 735 Views 0 comment Print

Bharat Agro Industries Vs ITO (ITAT Raipur) The first allegation concerns infringement of Section 40A(3) of the Act and consequent applicability of Section 40(a)(ia) of the Act. In this regard, it is the case of the assessee that purchases were made from villagers/Tribals who are procuring the seeds and supplying the same to the assessee. […]

Delayed employees contribution to PF/ESIC deposited before due date of filing ROI u/s 139(1) is allowed as deduction

August 12, 2021 3573 Views 0 comment Print

Main issue involved in the matter was that Employees contribution to VPF was deposited after due dates under explanation to section 36(1)(va) but before the end of relevant previous year is allowable deduction or not.

Reopening Quashed when Supplied & Recorded Reasons are Not Same & Verbatim

August 12, 2021 2355 Views 0 comment Print

Jansampark Advertising & Marketing P. Ltd. Vs ITO (ITAT Delhi) Settled position of law as held by the Hon’ble High Court in the case of Haryana Acrylic Manufacturing Co. v. Commissioner of Income Tax 308 ITR 38 [ Delhi] is that the requirement of recording the reasons, communicating the same to the assessee, enabling the […]

Assessee entitled to amortize expenses over concession period of BOT projects

August 12, 2021 1746 Views 0 comment Print

DCIT Vs Welspun Projects Limited (ITAT Ahmedabad) It was also argued by the learned DR that there is no provision under the Act for amortization of the expenses. Therefore, the assessee should not be allowed the deduction of the expenses amortized in the year under consideration. Undoubtedly, the assessee has incurred the expenses on the […]

Vodafone Idea gets further stay against demand

August 12, 2021 3234 Views 2 comments Print

Vodafone Idea Limited Vs DCIT (ITAT Mumbai) In this case Learned Departmental Representative could not disputed the proposition that hearing of the appeal after the last stay could not take place because of no fault of the assessee. Accordingly, we extend the stay for a period of six months from the date of this order […]

Payments for computer software sold/licenced on a CD/other physical media cannot be classed as a royalty

August 11, 2021 1260 Views 0 comment Print

World Courier (India) Pvt. Ltd. Vs ACIT (ITAT Bangalore) M/s. World Courier (India) Pvt. Ltd. (Appellant) has filed an appeal against order dated April 24, 2017 of Commissioner of Income Tax (Appeals) (CIT(A)) on the issue whether Revenue authorities were justified in disallowing sum paid by the Appellant as software maintenance charges to its overseas […]

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