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All ITAT

Adjustment on account of ALP of AMP expenses not sustainable

January 22, 2021 2058 Views 0 comment Print

Rayban Sun Optics India Ltd. Vs ACIT (ITAT Delhi) We are of the considered opinion that the ALP of an international transaction involving AMP expenses, the adjustment made by the TPO/DRP/AO is not sustainable in the eyes of law. At the same time, we cannot ignore the submission of the learned DR that the matter […]

Loss due to pull back of inventory from market on expiry of product allowable

January 22, 2021 2520 Views 0 comment Print

Hindustan Coca-Cola Marketing Company Pvt. Ltd Vs DCIT (ITAT Delhi) We have carefully considered the facts of the case that the assessee stated that approximately 10000 cases were pulled back by the assessee from the market in view of the exceptional quality issues. The assessee submitted that the above quality issue is the pulled back […]

Issue examined under original assessment cannot be reexamined by Reassessment

January 22, 2021 5031 Views 0 comment Print

Add. CIT Vs Ircon International Ltd (ITAT Delhi) When we examine the reasons recorded by the Assessing Officer in the instant case in the light of the decision of the Hon’ble Delhi High Court in the case of Madhukar Khosla (supra), it is evident that the Assessing Officer has merely perused the records available with […]

No TDS on cash medical benefit provided to LIC employees

January 21, 2021 2670 Views 0 comment Print

Assesse was under a bonafide belief that cash medical benefit were only reimbursement of the expenditure incurred by the employees, and as such they could not form part of their income, therefore,  no tax could be recovered from the employer on account of short deduction of tax at source under section 192(1), if a bona fide estimate of salary taxable in the hands of the employee was made by the employer.

Section 11(2) exemption cannot be denied merely for discrepancy in fund accumulation object in Form No. 10

January 20, 2021 13809 Views 0 comment Print

Lack of declaration in Form No.10 regarding specific purpose for which funds were being accumulated by the assessee trust would not be fatal to the exemption claimed u/s.11(2) of the Act.

Amount claimed as irrecoverable & written off allowable if same was offered to tax in previous assessment years

January 20, 2021 3036 Views 0 comment Print

Sumeru Enterprises Vs ITO (ITAT Jaipur) It is the case of the assessee that it had cancelled the allotment of certain flats in its commercial complex as the allottees/debtors refused to pay the outstanding amount towards the interest, complex maintenance charges and electric installation charges and the same were reversed and written off in respective […]

No TDS on discount/commission on sale of prepaid sim cards & Roaming Charges

January 20, 2021 1458 Views 0 comment Print

Vodafone Idea Ltd. Vs ITO (ITAT Delhi) At the outset, we find merit in the contention of the Ld. Counsel of the Assessee that in the absence of any adverse judgment by the Hon’ble Jurisdictional High Court, i.e., the Hon’ble High Court of Punjab & Haryana, there being divergence of judicial opinion on the subject […]

No TDS on discount to pre-paid mobile service distributors

January 20, 2021 1599 Views 0 comment Print

Discount offered on some of the prepaid mobile services did not partake the character of commission under Section 194H and hence there was no obligation to withhold tax on such discounts on pre­paid services. 

Interest on loan taken to repay old loan allowable if same was allowable on old loan

January 20, 2021 1722 Views 0 comment Print

Sumeru Enterprises Vs ITO (ITAT Jaipur) The Ld. CIT(A) has ascertained the factual aspect that this is not a closure of business but temporary discontinuance of business. We further noted that in earlier years the interest expenditure claimed by assessee were allowed by the department itself. However, in the year under consideration the same was […]

Disallowance of helicopter expense of Kingfisher : ITAT restores issue to AO

January 19, 2021 387 Views 0 comment Print

JCIT (OSD) Vs Kingfisher Airlines Limited (ITAT Bangalore) The first issue is related to disallowance of helicopter expenses. We notice that the A.O. was constrained to make adhoc disallowance since the assessee has failed to furnish details called for by the A.O. We also notice that the assessee did not appear before Ld. CIT(A) also. […]

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