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TDS liability cannot be imposed retrospectively based on subsequent Judgment

December 2, 2020 3753 Views 0 comment Print

ACIT Vs Acer India Private Limited (ITAT Bangalore) Conclusion: No disallowance under section 40(a)(i) could be made as there could not be a retrospective obligation to deduct tax at source and therefore as on the date when assessee made payments to the non-resident for acquiring off-the-shelf software, could not be regarded as in the nature […]

No proviso to section 2(15) applies if surplus earned from activities incidental to main object being charitable in nature

December 1, 2020 11844 Views 0 comment Print

AO was not justified in denying the benefit of exemption under section 11 as income on account of membership fees, subscription fees, grant in aid from Government of India, income from publications, exhibitions, award functions etc. were incidental to assessee’s main object to address national issues relating to real estate sector and better standard for its all member associations.

Comparables dissimilar in Functionally & Turnover cannot be included by TPO

December 1, 2020 786 Views 0 comment Print

Agilent Technologies India Pvt. Ltd Vs DCIT (ITAT Delhi) With respect to the Infosys technologies it is the claim of the assessee that the turnover of the above company is such a huge turnover that it is not comparable with the assessee company is software development division. For this proposition we look at page number […]

ITAT Allows Depreciation on Capitalised Jamnagar Loni Pipeline & Gandhar Plant Cost to GAIL

December 1, 2020 1005 Views 0 comment Print

Gail (India) Ltd. Vs Addl. CIT (ITAT Delhi) The rebuttal of the assessee have been considered thoroughly with the relevant documentary evidences referred therein and placed in the paper book. Considering the facts in totality, we are of the considered view that assessee has successfully commissioned the Jamnagar Loni Pipeline and the LPG Gas Processing […]

Gail allowed section 801/ 80IA deductions on Lean gas Manufacturing / Processing

November 30, 2020 993 Views 0 comment Print

Gail (India) Ltd. Vs DCIT (ITAT Delhi) ITA No. 5775/Del/2014 and ITA No. 5912/Del/2014 are cross appeals by the assessee and revenue preferred against the order of the CIT(A)-LTU, New Delhi dated 28.8.2014 pertaining to assessment year 1998-99. Both these appeals were heard together and are disposed of by this common order for the sake […]

ITAT remands back the issue of Section 271(1)(c) Penalty to AO

November 29, 2020 813 Views 0 comment Print

Fox Mandal & Co. Vs ACIT (ITAT Delhi) It is an admitted fact that despite number of opportunities granted by the Ld. CIT(A), there was no compliance from the side of the assessee for which the Ld. CIT(A) was constrained to decide the appeal exparte and thereafter sustained the penalty levied by the AO u/s. […]

Deduction u/s 54F Not Eligible for Investment Made in two Differently Placed Properties

November 28, 2020 6801 Views 0 comment Print

The issue under consideration is whether the investment made in two different properties out of the capital gains is eligible for deduction u/s 54F?

Revenue Generated from Bookings Made within India Attributable to PE, Hence Taxable in India

November 28, 2020 1545 Views 0 comment Print

The issue under consideration is whether revenue generated from the bookings made within India is the revenue attributable to the PE of the assessee is taxable in India?

Income Tax cannot be levied on Securities Premium Merely because It Used to Set Off Losses

November 28, 2020 2736 Views 0 comment Print

The issue under consideration is whether tax is applicable on securities premium merely because it used to set off losses? AO does not have the jurisdiction to go beyond the net profit shown in the Profit & Loss Account except to the extent provided in the Explanation to section 115J.

Netting off Interest Expenditure against Interest Income in absence of direct relation Not Allowed

November 28, 2020 1674 Views 0 comment Print

The issue under consideration is whether the netting off interest expenditure against interest income is allowed u/s 56 of Income Tax Act?

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