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Disallowance on adhoc basis for personal element without evidence cannot be upheld

April 24, 2021 2196 Views 0 comment Print

New Delhi Tyre House Vs ACIT (ITAT Delhi) In this case a Ground  is on account of confirmation of disallowances out of telephone tours, and other expenses including depreciation on the car stating that involvement of the personal element of the partners of the firm cannot be ruled out. Both the lower authorities have confirmed […]

Receipts from Sale of licence software is not a royalty : ITAT Delhi

April 24, 2021 543 Views 0 comment Print

Symantec Asia Pacific Pte. Ltd. Vs DCIT (ITAT Delhi) The Assessing Officer raised a query that the consideration amounting to Rs.242,52,89,282/- on sale of licence software should be treated as receipts received on account of sale of licence software as royalty. The issue of software income is not a royalty income is settled by the […]

Notice served through affixture after office hours without proper witness is invalid

April 24, 2021 2667 Views 0 comment Print

Digvijay Advisor Pvt. Ltd. Vs ITO (ITAT Delhi) A perusal of the above reply of the Assessing Officer shows that notice u/s 148 dated 31.03.2015 was served on the assessee through affixture in presence of Inspector of the Ward. From the details filed by the assessee in the paper book, it is seen that the […]

Interest on Enhanced Compensation from Govt for compulsory Land Acquisition is exempt from tax

April 24, 2021 2046 Views 0 comment Print

Paramjeeet Singh Vs ACIT (ITAT Delhi) It is pertinent to note that the assessee’s land was acquired by the Government and he received total compensation of Rs. 2,56,29,932/- from land acquisition officer Panchkula which include interest on enhanced compensation of Rs. 1,08,62,416/- and assessee claimed this interest received on enhanced compensation exempt under Section 10(37) […]

Loss arising from exempt source income u/s 10(38) held allowable to be set-off or carried forward

April 24, 2021 8631 Views 0 comment Print

The main issue in this appeal is whether loss from sale of long term capital share on which security transaction tax has been paid should be allowed to be carried forward for set off even though the income from such transfer of long term capital asset is exempt u/ s 10 (38).

No section 40(a)(ia) disallowance  on cost sharing reimbursements without TDS deduction

April 24, 2021 4728 Views 0 comment Print

DCIT Vs Pfizer Products (India) Pvt Ltd. (ITAT Mumbai) In terms of the agreement with M/s. Pfizer Ltd., assessee was sharing services of certain employees and other facilities which belonged to M/s. Pfizer Ltd. The reimbursement of such expenses due or paid to M/s. Pfizer Ltd. amounts to Rs.14,51,77,000/- and has been included under the […]

Actual Receipt of Money mandatory to invoke section 68

April 23, 2021 3405 Views 0 comment Print

ITO Vs Zexus Air Services Pvt. Ltd. (ITAT Delhi) It is an undisputed fact that there is no actual receipt of any cash by the assessee company in the instant case towards issue of share capital and such shares were issued in lieu of goodwill. In the instant case, the assessee has debited goodwill account […]

FBT payable on Free/concessional electricity provided to employees

April 23, 2021 687 Views 0 comment Print

Singareni Colleries Company Ltd Vs ACIT (ITAT Hyderabad) AR of the assessee submitted that the amount of electricity provided to the employees is not a Fringe Benefit as this is a contractual obligation to the employees working in coal mines which is as per the National Coal Workers Agreement ( NCWA) and this benefit is […]

ITAT allows loss due to Forfeiture of amount paid against Land Purchase

April 22, 2021 915 Views 0 comment Print

ACIT Vs K.B. Developers (ITAT Kolkata) Sole ground on which the disallowance is made is that the assessee had entered into these agreements, without making solid provisions to raise funds by due dates and hence it does not make any sense for a firm engaged in commercial venture to enter into these agreements. He drew […]

DTAA exemption cannot be denied merely for non availability of TRC

April 22, 2021 5148 Views 0 comment Print

Ranjit Kumar Vuppu Vs ITO (ITAT Hyderabad) FULL TEXT OF THE ORDER OF ITAT HYDERABAD This is assessee’s appeal for the A.Y 2014-15 against the order of the CIT (A)-10, Hyderabad, dated 14.07.2020. 2. Brief facts of the case are that the assessee, a Non-resident individual, filed his return of income for the A.Y 2014-15 […]

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