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Section 80IA deduction cannot be denied for use of same technology & Production of Same product

February 8, 2021 1872 Views 0 comment Print

DCIT Vs NLC India Ltd. (ITAT Chennai) The main objection of the AO is that the new unit started cannot be considered as separate undertaking because it is using the same manufacturing technology and the finished goods are also the same, i.e., power. The new unit, i.e., unit TPS-I Expansion is nothing but the expansion […]

Purchases not become Bogus merely for non-production of Parties

February 8, 2021 2172 Views 0 comment Print

ACIT Vs. M/s GTM Builders & Promoters Pvt. Ltd. (ITAT Delhi)  As per accounting standards AS-7, the purchases and working progress have to be reconciled along with architect report. The AO has not rejected the books of accounts and accepted the book profits while making the addition. The Assessing Officer’s observation that none of the […]

Input Tax Credit Written off In Books of Accounts is allowable U/s. 37(1)

February 8, 2021 19482 Views 0 comment Print

FIH India Private Limited Vs DCIT (ITAT Chennai) There is no dispute with regard to the fact that the assessee has written off input Service Tax during the impugned financial year relevant to assessment year 2010-11. But, the dispute is with regard to deductibility of input service tax. The AO has disputed deduction claimed by […]

Compensation for pre-closure of Contract Manufacturing Agreement is non-taxable Capital Receipt

February 8, 2021 1278 Views 0 comment Print

Sai Mirra Innopharm Private Limited Vs ITO (ITAT Chennai) On perusal of details filed by the assessee, we find that the assessee has entered into a contract manufacturing agreement with Dr.Reddy’s Laboratories Ltd., for a period of 10 years for manufacturing of drugs as per the specification provided by the principals, but the know-how required […]

Income from licensing fully furnished hotel with license to run hotel is business receipt

February 8, 2021 1242 Views 0 comment Print

Dodla International Ltd. Vs ACIT (ITAT Chennai) ITAT held that  license fee received by the assessee for licensing a fully furnished hotel along with license to run the hotel is a business receipt, which is assessable under the head ‘income from business or profession’ but not a rental income, which is assessable under the head […]

Expense cannot be disallowed for internal financial arrangements to fund expenditure

February 8, 2021 1209 Views 0 comment Print

Power Company of Karnataka Ltd. Vs ACIT (ITAT Mumbai) Conclusion: Since there were internal financial arrangements made by assessee with ESCOMs to fund the expenditure, therefore, this could not disentitle assessee to claim expenditure in accordance with the Act and the income of assessee had to be computed under the provisions of the Act without […]

Section 153C | CIT (Appeals) must examine issue of recording of satisfaction 

February 8, 2021 528 Views 0 comment Print

R.N. Shetty Trust Vs ACIT (ITAT Bangalore) As per Section 153C of the Act, the Assessing Officer of searched person shall proceed against such other person on reaching satisfaction that any undisclosed income belonging to such other person over whom he has no jurisdiction then he has to transmit the seized material to the Assessing […]

Section 11(2) not mandate a limitation for filing notice of accumulation in Form No. 10

February 7, 2021 924 Views 0 comment Print

Infrastructure Development Fund Vs DCIT (ITAT Chandigarh) The Tribunal adjudicating on the identical issue, has held that if form No. 10 is filed during the continuation of the assessment proceedings that should have been taken into consideration by the Assessing Officer. That non filing of the Form No. 10 within stipulated period may be an […]

No addition on mere statement of person if payments made through banking channel

February 5, 2021 1374 Views 0 comment Print

Since all the lender companies were regular income tax assessee’s & having PAN as well as their ROC details were brought to the notice of AO & their respective balance sheet showed that all of them had enough creditworthiness to lend the amounts in question to assessee and assessee had squared up the loan transaction with all these lenders (except 15 Lakhs) and all the payments/TDS were made & payments were made through banking channel, therefore, the addition made by AO was untenable. 

New issue cannot be raised by Department while filing Cross Objection

February 5, 2021 1155 Views 0 comment Print

By way of present ground of CO, the Revenue intends to rake up altogether a new situation. The ld.AO did not take any action for recasting of the balance sheet by observing that expenditure debited in the work-in-progress has not been claimed in the profit & loss account.

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