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All ITAT

Reassessment proceeding against BCCI quashed due to failure of issuance of Notice

August 4, 2021 1278 Views 0 comment Print

DCIT Vs Board of Cricket Control in India (ITAT Mumbai) Deputy Commissioner of Income Tax has challenged correctness of the order dated January 09, 2019 passed by CIT(A) quashing the reassessment order passed by the Appellant without issuance of notice under Section 143(2) of the Income Tax Act, 1961 (IT Act), for the assessment year […]

Corporate guarantee for supplies to AE in Singapore Falls under TP

August 4, 2021 468 Views 0 comment Print

Inflow Technologies Private Limited Vs ACIT (ITAT Bangalore) The assessee, as a part of share purchase agreement, during the business structuring had given a corporate guarantee to one of its group supplier CISCO for supplies made to its AE (Inflow Singapore). According to the assessee, it did not intend to get any remuneration for the […]

Assessee can object to inclusion/exclusion of companies at appellate proceedings stage

August 3, 2021 990 Views 0 comment Print

Dell International Services India Pvt. Ltd. Vs JCIT (LTU) (ITAT Bangalore) The assessee did not object to inclusion of this company before the TPO but objected to inclusion of this company before DRP. The DRP did not adjudicate the objection. In these circumstances, we are of the view that exclusion of this company from the […]

Section 54F deduction cannot be denied merely for non-registration of conveyance deed

August 3, 2021 3228 Views 0 comment Print

ITAT- Held that, benefit of deduction under Section 54F of the IT Act cannot be denied to the Respondent merely on the ground that conveyance deed has not yet been got registered particularly when the Respondent is proved to be in possession of the property in question out of which the Respondent was already owner in possession of 1/3rd share since 2008 after making a complete payment of the sale consideration to the vendors and has duly proved possession over the property by way of electricity and water charges bills.

Delhi ITAT allows late deposit of ESI, EPF employees contribution

August 2, 2021 3414 Views 0 comment Print

Yogi Ji Technoequip Pvt. Ltd. Vs DCIT (ITAT Delhi) Facts : Addition on account of employee’s contribution to ESI and EPF – CPC while processing the return of the assessee disallowed the claim of employee’s contribution towards ESI and EPF on account of delay in depositing the amount as per the respective statutes Held: Respectfully […]

Regular Vs. Slump Sale: Assessee cannot be allowed to take shifting stands

August 2, 2021 1065 Views 0 comment Print

Emil Pharmaceutical Industries Private Limited Vs DCIT (ITAT Mumbai) In this case learned CIT(A) has noted that the assessee has not produced supporting documents such as the list of employees at the time of the sale, electricity bills and other details necessary to establish the existence of an undertaking in a continuous business. Furthermore, we […]

A person cannot be treated as Trustee merely on the ground that he is supervising substantial activities of Trust

August 2, 2021 1374 Views 0 comment Print

ITO Vs The Inclen Trust International (ITAT Delhi) AO made an addition of Rs.37,19,000/- being the excessive remuneration paid to Dr. N.K. Arora. On the one hand, he is being considered a specified person as a de facto trustee and on the other hand, he is being admitted as working under the trust and his […]

Examine Form No 15G/15H of depositor to whom Interest is paid- ITAT directs AO

August 2, 2021 897 Views 0 comment Print

Canara Bank Vs DCIT (ITAT Delhi) The fact of this case clearly shows that original order passed u/s 201(1) and 201(1A) of the Act on 24.03.2014 where the Assessee was found to be an assessee in default and also charged interest thereon comprising all the above sum. The appeal before the ld CIT(A) was filed […]

HUF eligible to claim section 54B exemption

August 1, 2021 1980 Views 0 comment Print

Sitaram Pahariya (HUF) Vs I.T.O (ITAT Agra) The bare reading of section 54B,( prior to amendment ) make it abundantly clear that the benefit of section 54 are available to assessee or a parents of his. However, the assessee has been defined in section 2(7) means every person in respect of whom any proceeding under […]

Cash deposited in Bank out of Sale of Land is directly connected

August 1, 2021 6534 Views 0 comment Print

Surat Singh Vs ITO (ITAT Delhi) The second ground of argument of the learned authorised representative is that the learned assessing officer has reopened the case of the assessee for the purpose of verification of the cash deposited in the savings bank account as income escaped. The learned assessing officer has not made any addition […]

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