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Standby Maintenance Charges cannot be assessed as Fees for Technical Services but as Business Income

June 28, 2021 918 Views 0 comment Print

Reliance Globalcom Limited Vs DCIT (ITAT Mumbai) Conclusion: Standby Maintenance Charges received by  assessee from TCL could not be assessed as FTS and was its “business income‟ that was taxable only to the extent of its reference to the “business connection” in India. Turnover (receipts) of Standby Maintenance Charges from TCL i.e attributable to the […]

Fund founded for welfare of Delhi Police should be treated as charitable in its objects

June 28, 2021 2181 Views 0 comment Print

Delhi Police Welfare and Recreational Club Fund vs. CIT (ITAT Delhi) We have gone through the record in the light of the submissions made on either side. Insofar as the nature of activity of promotion of  welfare and recreational activities of the police personnel, by its nature, is concerned, Ld. CIT(E) does not dispute whether […]

ITAT Allowed set off of MAT Credit inclusive of Surcharge, Education Cess

June 25, 2021 4407 Views 0 comment Print

Tata Motors Ltd. Vs DCIT (ITAT Mumbai) M/s. Tata Motors Ltd. (Appellant) filed an appeal against the order of Commissioner of Income Tax (Appeals), computing set-off of Minimum Alternate Tax (MAT) credit under Section 115JAA of the Income Tax Act, 1961 (the IT Act) excluding surcharge and cess resulting in short grant of MAT credit […]

ITAT directs CIT(E) to pass speaking order after considering submission & following Principal of Natural Justice

June 25, 2021 975 Views 0 comment Print

Shree Digamber Jain Shiksha Samiti Vs CIT (E) (ITAT Agra) ITAT considered the rival contention of the parties and perused the material available on record, including the judgments cited at bar during the course of hearing by both the parties. As is evident from the paper book filed before us that the assessee has provided […]

Tribunal doubts whether tax treaty benefits can be extended to DDT

June 23, 2021 4458 Views 0 comment Print

ITAT Mumbai expressed doubts on correctness of decisions of coordinate benches on dividend distribution tax (DDT) rate being restricted by treaty provision dealing with taxation of dividends in the hands of shareholders.

Section 80P Deduction denied on Interest income on Bank FD- proportionate cost allowable

June 23, 2021 4722 Views 0 comment Print

Karnataka Judicial Officers Credit Co-operative Society Ltd. Vs ITO (ITAT Bangalore) The next issue relates to the deduction claimed by the assessee u/s.80P(2)(d) of the Act in respect of interest income. Identical issue has been considered by the co-ordinate bench in the case of Karkala Co-op Bank Ltd (supra). For the sake of convenience, we […]

Income declared on proportional receipt basis cannot be questioned

June 23, 2021 1986 Views 0 comment Print

DCIT Vs Monster.Com (India) Private Limited (ITAT Hyderabad)  In the assessee’s own case the Tribunal observed that the assessee followed appropriate revenue recognition method of accounting and thus the income declared on proportional receipt basis cannot be questioned. This order was followed by the ITAT in the assessee’s own case in the A.Ys 2007-08 to […]

Bogus purchases Addition justified if based on evidences instead of sworn statements

June 23, 2021 3027 Views 0 comment Print

Additions made by AO was not only on the basis of sworn statement but also on the basis other evidences collected during the course of search including discrepancies in books of accounts regarding accounting of bogus purchases therefore, there was no merit in arguments of assessee that AO had made additions towards alleged purchases only on the basis of statement recorded from those parties without further evidences.

AO cannot tax Cash deposit of less than Rs. 2.5 Lakh during demonetization by housewife

June 18, 2021 7143 Views 0 comment Print

The instructions of the Board, which are statutory and binding on the revenue, assessing officer has no mandate to tax the cash deposit made in the bank account by the housewife if the amount is less than 2.5 lakh, during the Demonetization Scheme of 2016

Tax Payable on capital gain account amount Not utilized within Statutory Period

June 18, 2021 7773 Views 0 comment Print

Avtar Krishen Jalla Vs ITO (ITAT Delhi) As per the provisions of Section 54, the assessee has to utilize the amount deposited in the capital gain account for the purpose of purchase or construction of the new asset within the specified time for availing the benefit of capital gain. Here the assessee has made payments […]

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