Sponsored
    Follow Us:

All ITAT

Outward Freight not to be considered for TP adjustment as same doesn’t operate from transaction perspective

December 24, 2020 1167 Views 0 comment Print

Outward freight in India except the freight for import of material distributed be not considered for adjustment as it is not operating from transaction perspective. 

Property registration not must for constituting ‘Transfer’ as per pre-amended section 53A of TPA Act

December 23, 2020 3621 Views 0 comment Print

Assessee had handed over possession of the property to M/s. V.S. K Associates in the year 2000 on receiving substantial part of consideration which constituted transfer u/s. 2(47)(v) read with section 53A of the TPA attracting taxability of capital gain in the A.Y. 2001-02. Thus, the same could not once again be taxed in the assessment year 2007-08. 

No addition for under invoicing merely based on Section 132(4) statement

December 23, 2020 1614 Views 0 comment Print

DCIT Vs Bharathi Consumer Care Products Pvt. Ltd. (ITAT Visakhapatnam) In the instant case there was no evidence found in the premises of the assessee to show that the assessee is under invoicing the sales. No other material was found and seized from the premises of the assessee with regard to receipt of cash from […]

Share premium amount : No Section 68 addition for flimsy reasons

December 23, 2020 1578 Views 0 comment Print

ACIT Vs. Brindavan Agencies Pvt. Ltd. (ITAT Delhi) It is seen that the appellant has filed sufficient documents e.g. Permanent Account Numbers, bank statements, etc. to establish the identities of the four share applicants. The copies of the bank statements of the share subscribers wherein the transactions are reflected as well as the fact that […]

Section 54 deduction eligible on investment in house purchased abroad within stipulated time u/s 139(4)

December 23, 2020 2220 Views 0 comment Print

Joseph K. Zachariah Vs ACIT (ITAT Bangalore) Section 54(2) of the Act has two conditions for availing deduction u/s 54(1) of the Act. Firstly, the assessee has to utilize the capital gain in purchase of new property before the due date of furnishing the return of income u/s 139 of the Act, which encompasses sub-section […]

CIT(A) Cannot Reject Appeal merely on Technical Grounds

December 22, 2020 1299 Views 0 comment Print

Nirmala Devi Vs ITO (ITAT Delhi) Learned Counsel for the Assessee contended that assessee has uploaded the demand notice as well as paid the fees for filing of the appeal which have not been taken into consideration and that only one notice was issued for which date assessee sought adjournment which was also rejected. Therefore, […]

Despite addition no penalty when Assessee has already disclosed all facts

December 22, 2020 3492 Views 0 comment Print

ACIT Vs Kishangarh Hi Tech Textile Park Ltd. (ITAT Jaipur) Since the assessee has disclosed entire facts in the Balance Sheet with regard to the subsidy of Rs. 36.00 crores received by it and the depreciation at 80% on the entire windmill as a whole has been claimed on the basis of various decisions of […]

AO cannot disallow interest in section 80IA deduction working when same already been disallowed by Assessee

December 22, 2020 2508 Views 0 comment Print

GVK Jaipur Expressway Private Limited Vs. DCIT (ITAT Jaipur) It was submitted that the assessee on review of the appeal documentation noticed that it has suo-moto disallowed the interest receipts while computing book profits for the purposes of deduction u/s 80IA of the Act and the said fact has inadvertently escaped its attention at the […]

No valid belief can be formed on the basis of incorrect/non-existing facts

December 21, 2020 2751 Views 0 comment Print

Prithvi Raj Singh Vs I.T.O. (ITAT Jaipur) We found that the assessee had declared capital gain income in return which clearly shows that there is non-application of mind on the part of the A.O. while recording the reasons as he did not consider the return furnished by the assessee wherein capital gain income has been […]

No Rule 46A violation if Order was not merely based on additional evidence

December 21, 2020 771 Views 0 comment Print

DCIT Vs Expeditors International (India) Pvt. Ltd. (ITAT Delhi) The grievance of the Revenue is that CIT(A) has decided the issue in favour of the assessee by considering the supplementary TNMM analysis and other documents filed before her and those documents were not made available to AO and secondly on merits, the order of TPO […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031