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All ITAT

Peak Credit Theory must be considered while treating Cash Deposit as Unexplained Cash Credits

March 9, 2021 3618 Views 0 comment Print

Prakash Babu Nakundhi Krishna Reddy Vs ACIT (ITAT Bangalore) It was pointed out by the learned counsel for the Assessee that there are withdrawals and deposits in the cash book and the source of deposits can be explained by the Assessee with supporting evidence. It was submitted that it is an accepted rule that a […]

Section 35(2AB) not provides for cut off date for eligibility

March 9, 2021 2211 Views 0 comment Print

Shilpa Medicare Ltd. Vs ACIT (ITAT Bangalore) Provisions of Sec. 35(2AB) of Income Tax Act, nowhere suggest simply that R& D facility is approved from particular date and in other words, it is no where suggested that date of approval only will be cut off date for eligibility. The court further held that once facility […]

ITAT allows Expenses claimed against Lease Rent to Hero Fin Corp

March 9, 2021 507 Views 0 comment Print

DCIT Vs Hero Fin Corp Ltd. (ITAT Delhi) The assessee is earning lease rent from the lease charges of cars, plant & machinery given on hire to M/s Hero MotoCorp. The AO held that the income of the hire charges are to be chargeable under the head “income from other sources” but not under the […]

Section 10A, 10AA deductions not allowable on Income from other sources

March 9, 2021 8082 Views 0 comment Print

Amount of income which qualifies for deduction is the profits of the business of the undertaking and not any income earned by assessee de hors the business of the undertaking. If the relevant items of income are held to be falling under the head `Income from other sources’, the same will not qualify for deduction under sectio 10A, 10AA.

ITAT upheld disallowance for unreconciled accommodation entries

March 8, 2021 6747 Views 0 comment Print

Where  AO had estimated value of accommodation entries devoid of any documentary evidences or material, the same could not be sustained. Since in the case of the assessee the payment of Rs.6,43,406/- was considered as accommodation entries and it was noticed that assessee had not reconciled this payment with outstanding amount of Rs.7,91,406/- as per invoice raised for labour charges, therefore, the disallowance was restricted to the extent of Rs.6,43,406/-.

Section 54 amendment restricting deduction to One Residential House is prospective

March 8, 2021 765 Views 0 comment Print

Dinesh Chandra Dutta Bhargava Vs DCIT (ITAT Agra) The only question to be adjudicated in the instant case is whether the assessee is entitled for deduction u/s. 54/54F of the Act in the attending circumstances of the case or not and whether the changed legal position of section 54, as noted by ld. CIT(A), is […]

Disallowance of interest expenses justified for Borrowed money invested in equity without any commercial expediency

March 8, 2021 1086 Views 0 comment Print

 Where the assessee diverted borrowed funds towards investment in a company but did not collect any interest on money so invested then the AO was justified in making the disallowance of interest on borrowed capital particularly in view of the fact that the assessee failed to prove that there was any commercial expediency in making the investment that company.

ITAT deletes substantive & protective additions for AMP expenditure

March 8, 2021 1884 Views 0 comment Print

Amadeus India challenges ITAT Delhi’s transfer pricing adjustment on AMP expenses and disallowance under section 14A. Full text of the ITAT order provided.

AO can make addition u/s 68/69C despite estimation of Income U/s 44AF

March 8, 2021 2238 Views 0 comment Print

Atul Dinesh Seth Vs ITO (ITAT Bnagalore) The contention of the A.R. is that once the income of the assessee estimated by applying the section 44AF of the Act, there cannot be any further addition for any lapse in the books of accounts. In these assessment years, except AY 2011-12, the turnover of the assessee is […]

Order passed by AO not in conformity with directions of DRP is Invalid

March 8, 2021 4257 Views 0 comment Print

Yokogawa India Ltd. Vs ACIT (ITAT Bnagalore) Admittedly the impugned assessment order passed by the Ld.AO under section 143 (3) read with section 144C is in violation mandatory provisions under section 144C(10) and (13) of the Act by not passing the order in pursuance of and in conformity with the directions of DRP issued under […]

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