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All ITAT

Advance cannot be treated as deemed dividend for non-notarization/registration of document

March 24, 2021 714 Views 0 comment Print

DCIT Vs Genesis Colors Pvt. Ltd. (ITAT Delhi) During the assessment proceedings, the Assessing Officer treated the advance received u/s 2(22)(e) holding, -That GLFPL has granted loans of Rs. 15,00,00,000/- and Rs.5,00,00,000/- on 30.07.2011 to M/s Genesis Colours Pvt. Ltd. as per the related party transaction chart shown in Notes to accounts of the accounts […]

Voluntary Section 12A registration cancellation application- ITAT explains date of applicability

March 24, 2021 8334 Views 0 comment Print

R. D Tata Trust Vs PCIT (ITAT Mumbai) We are of the considered view that the impugned order of cancellation of registration granted to the assessee under section 12A must be held to be effective from the date on which the hearing on first show-cause notice was concluded and the show cause notice issued by […]

Contradiction In Reasons Recorded & Assessment makes reassessment proceedings a nullity

March 24, 2021 1851 Views 0 comment Print

Balbir Investment Pvt. Ltd. Vs ITO (ITAT Delhi) A perusal of the reasons recorded by the Assessing Officer shows that he has reopened the assessment by recording the reasons that shares of G.J. Holdings has been procured by Blabir Investments Pvt. The relevant observations of the Assessing Officer in the reasons recorded by the Assessing […]

No addition for alleged bogus share capital if Identity of Shareholders Known to Department

March 24, 2021 1410 Views 0 comment Print

It was held that even if the shareholders are bogus, addition cannot be made in the hands of the assessee and addition can be made only in the hands of such bogus shareholders if their identity is known to the Department.

ITAT directs CIT(A) to accept Appeal filed Manually

March 24, 2021 597 Views 0 comment Print

XL Laboratories Pvt. Ltd. Vs DCIT (ITAT Delhi) Although, the assessee was required to file the appeal in electronic form w.e.f., 01.03.2016, it is undisputed that at that particular time there were some technical glitches in the e-filing website of the Income Tax Department due to which the CBDT subsequently extended the time limit for […]

Addition merely based on electricity consumption formula not sustainable

March 24, 2021 2067 Views 0 comment Print

ACIT Vs Gajalaxmi Steel Pvt. Ltd. (ITAT Pune) There is no dispute on the fact that the Assessing Officer made addition based on the estimation with reference to the consumption of electricity. the Assessing Officer had made the addition of Rs 7,65,23,877 on the basis of wrong presumption/ assumptions. I find it quite baffling that […]

TDS deductible on sitting fees paid to director

March 24, 2021 18693 Views 0 comment Print

HLS Asia Ltd. Vs DCIT (ITAT Delhi) Prima facie after looking at provisions of Section 17 and the concept of Director under the Companies Act and thus has a relationship as an employee to the Company. Besides this, the fees which is termed as sitting fees is the part and parcel of remuneration of the […]

High Turnover Company cannon be compared with Low Turnover Company

March 23, 2021 1803 Views 0 comment Print

Zynga Game Network India Pvt. Ltd. Vs DCIT (ITAT Bangalore) We note that Ld.AO/TPO has applied filter of more than Rs. 1 crore, but did not put an upper limit to the filter. This Tribunal in case of Genesis Integrating Systems India Pvt Ltd vs DCIT reported in (2012) 53 SOT 159 and various other […]

Deduction of Cess not claimed earlier in return: ITAT remits issue back to AO

March 23, 2021 534 Views 0 comment Print

Sulzer Pumps India Limited Vs DCIT (ITAT Mumbai) As mentioned earlier, for the year under consideration, the assessee has paid a sum of Rs.51,28,703/- as Cess in the return filed by it. It did not claim the amount paid, as deduction in the return filed by it for AY 2012-13. However, in the light of […]

No section 271AAB penalty on admitted and Surrendered Income

March 23, 2021 2508 Views 0 comment Print

Ashish Mittal Vs DCIT (ITAT Delhi) The Ld. AR submitted that the Assessing Officer has not contemplated the proper penalty notice as per the provisions of Section 271AAB. The Assessing Officer was not correct in imposing the penalty u/s 27 1AAB as the assessee has surrendered the income and also paid taxes accordingly The insertion […]

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