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All ITAT

TDS not deductible by Uber India on Payments to Driver Partners

March 7, 2021 4884 Views 0 comment Print

Uber India Systems Private Limited Vs Jt. CIT (ITAT Mumbai) Uber B.V. is involved in rendering lead generation service to the Driver-Partner and transportation service is not provided by Uber B.V. or UISPL. The transportation service is provided by the Driver- Partner to the User for which the car is arranged by the Driver-Partner, all […]

Commission cannot be disallowed merely based on information from search of third party

March 5, 2021 981 Views 0 comment Print

DCIT Vs Realistic Realitors Pvt. Ltd. (ITAT Delhi) In this case the A.O. in the light of information emanating from the search of Shri Praveen Agarwal came to the conclusion that assessee has wrongly claimed deduction on account of sub-brokerage paid to M/s. Taral Vincom Pvt. Ltd., The A.O. in the entire assessment order did […]

Penalty cannot be levied merely for addition due to adjustment by TPO in Valuation

March 5, 2021 2514 Views 0 comment Print

ACIT Vs IKEA Trading (India) Pvt. Ltd. (ITAT Delhi) We find that the assessee has sold assets at the WDV of the assets as per company law whereas the TPO held that the assessee ought to have sold the assets at the value of the WDV of the block of assets as per the Income […]

Foreign exchange gain/loss should be considered as part of operational income

March 5, 2021 15675 Views 0 comment Print

DCIT Vs GHCL Ltd. (ITAT Ahmedabad) During the course of assessment, the assessee has submitted that foreign exchange gain/loss should be considered as part of operational income mainly stating that receipts/expenditures are booked at the time of transaction while conversion of payment/receipts of foreign exchange occurs at a later point of time resulting into foreign […]

ITAT allows Debit note received in Subsequent Assessment Year for difference in price

March 4, 2021 645 Views 0 comment Print

DCIT Vs Charotar Gas Sahakari Mandali Limited (ITAT Ahmedabad) Briefly stated, the assessee is a co-operative society and engaged in providing CNG Gas and purchase and sale of natural gas to domestic and commercial consumers and earns commission on CNG. In the course of the scrutiny assessment, the AO observed that a revised return was […]

Mere Technical Approval under Section 153D without deep Verification by JCIT renders Assessment Void

March 4, 2021 1446 Views 0 comment Print

Smt. Sarika Mittal Vs ACIT (ITAT Jabalpur) It is not in dispute that the AO in all the cases is of the rank of the Assistant Commissioner, i.e., below the rank of the Joint Commissioner. Similarly, the year of search being f.y. 2009-10, all the assessment years under reference, i.e., AYs. 2004-05 to 2010-11, are […]

Sundry creditors cannot be doubted if AO accepts purchase, sales & net profit declared in return 

March 4, 2021 4797 Views 0 comment Print

Srabani Construction (P) Ltd Vs DCIT (ITAT Cuttack) In respect of addition of Rs.51,84,803/- made by the AO u/s.68 of the Act with regard to sundry creditors, on observing the financial statement it is found that the assessee could not produce the creditors as well as could not satisfy the three ingredients i.e. identity, creditworthiness […]

Taxes paid abroad allowable as deduction in computation of income: ITAT Mumbai

March 4, 2021 2826 Views 0 comment Print

Bank of India Vs ACIT (ITAT Mumbai) To sum up, the assessee is declined the foreign tax credits for Rs 182,64,22,948, and, accordingly, we hold that the assessee is not entitled to seek a refund of that money from the Indian tax exchequer. As we hold so, we may add that in the present case, […]

Section 153A Assessment invalid if No independent application of mind by JCIT before granting section 153D approval

March 4, 2021 2460 Views 0 comment Print

ACIT Vs Mittal Roadways Pvt. Ltd. (ITAT Jabalpur) From the above correspondence between the A.O. on one hand and the JCIT on the other hand and the letter addressed by the JCIT to the Commissioner clearly shows that it was at the stage of discussion and the JCIT could not able to make his mind. […]

No Section 2(22)(e) addition if money lending was part of business

March 4, 2021 693 Views 0 comment Print

M.L. Singhi & Associates (P) Ltd. Vs DCIT (ITAT Delhi) No addition could be made against the assessee if no incriminating material was found during the course of search It is not in dispute that whatever queries were raised by the A.O. time to time, have been replied by assessee along with documentary evidences. All […]

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