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Assessee cannot use proceedings u/s. 154 to file appeal against order passed u/s. 143(1)

July 15, 2021 22296 Views 0 comment Print

Navodaya Education Trust Vs DCIT (ITAT Bangalore) it is submitted that the CPC, Bengaluru made the impugned adjustment in its intimation u/s 143(1), erroneously and as such the same was rectifiable as per the provisions of section 154. The CIT(Appeals) has erred in confirming the the same and rejecting the rectification application filed by the […]

No section 40(a)(i) disallowance for commission paid to overseas agents

July 15, 2021 1761 Views 0 comment Print

Carraro India Private Limited Vs DCIT (ITAT Pune)  It is seen that the assessee paid commission of Rs.58.65 lakh to overseas agents for export orders obtained by them in overseas territories. Section 195 mandates the deduction of tax at source from any sum paid by the assessee which is ‘chargeable under the provisions of this […]

No addition for mere under-invoicing of sales to sister concern

July 15, 2021 3252 Views 0 comment Print

Addition made on account of under-invoicing of sales to sister concern was not justified unless and until export sales to sister concern were sham transaction.

ITAT deletes Section 68 addition for violation of principles of natural justice

July 15, 2021 3363 Views 0 comment Print

ACIT Vs M/s Sur Buildcon Pvt. Ltd. (ITAT Delhi) LANDMARK ORDER – Bhushan group companies get big relief by ITAT DELHI – First Of This Kind Where Addition under section 68 Quashed on Sole Ground of Violation of Natural Justice. – No Second Innings Given. Addition under section 68 deleted of Rs.36.50 Crore in three […]

Consultant Doctors cannot be treated as employee for TDS deduction

July 14, 2021 5586 Views 0 comment Print

DCIT Vs Hurkisondas Nurrotumdas Hospital & Research Centre (ITAT Mumbai) Going by the factual matrix as enumerated in the preceding paragraphs, it could be noted that the terms of arrangement with consultant Doctors was different from employee-doctors. The consultant doctors were paid based on the services rendered by them and on the basis of doctors’ […]

Section 56(2)(v) relative definition not apply for Specified Domestic Transactions

July 14, 2021 3756 Views 0 comment Print

Smt. Anita Sunil Mahajan Vs ACIT (ITAT Pune) Definition of ‘relative’ for Specified Domestic Transactions (SDTs) should be as per Section 2(41) of Income Tax Act, 1961 and Section 56(2)(v) would not apply. Case Summary: – Facts of the case: During AY 2013-14, Smt. Anita Sunil Mahajan (Assessee), filed her return declaring total income at […]

Depreciation on smart phones functioning equivalent to computers

July 13, 2021 99174 Views 0 comment Print

Falcon Business Resources Pvt. Ltd. Vs DCIT (ITAT Delhi) The lower authorities while deciding the issue whether the depreciation is allowable on mobile phones @ 15% or considering the mobile phones computers @ 60%. This issue has been decided by the solitary decision of Hon’ble Kerala High Court in the case of Federal Bank Ltd. […]

No TDS on Purchase of software licenses with associated hardware from Foreign Companies

July 12, 2021 19710 Views 0 comment Print

Autodesk Asia Pte Limited Vs DCIT (ITAT Bengalore) The assessee is a Singapore based company, a subsidiary of Autodesk US and the headquarters for Asia-Pacific (APAC) region. It is engaged in the business of manufacturing, designing and supporting computer software and related Autodesk products in the APAC region. It performs or manages activities related to […]

TDS Credit allowable in Years In Which Income is Assessable to tax

July 12, 2021 8106 Views 0 comment Print

DCIT Vs Sasken Network Engineering Limited (ITAT Bangalore) In terms of section 199, Rule 37BA provides that credit for tax deducted at source and paid to the Central Government shall be given for the Assessment Year for which such income is assessable. In case the income is assessable over a number of years, credit for […]

Section 68 addition based on mere bald findings not sustainable

July 12, 2021 744 Views 0 comment Print

ITAT Pune partially allows appeal in Amrutlal Gangaji Choudhary Vs. DCIT. Section 68 addition lacks cogent reasons. Remanded for de novo adjudication.

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