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No Tax if no development taken place & Possession taken back

November 13, 2020 771 Views 0 comment Print

Santosh Kumar Subbani Vs ITO (ITAT Hyderabad)  In the instant case, the assessee has entered into development agreement for construction of duplex houses and assessee was to receive the constructed area of 5000 sq.ft by virtue of development agreement. However, after entering into agreement, the developer has vanished and no real development took place till […]

Complemented Assessment cannot be reopened U/s. 147/148 on Borrowed Satisfaction

November 12, 2020 11163 Views 0 comment Print

Hitesh Ashok Vaswani Vs DCIT (ITAT Ahmedabad) The power to reopen a completed assessment under Section 147 of the Act has been bestowed on the Assessing Officer, if he has reason to believe that any income chargeable to tax has escaped assessment for any assessment year. However, this belief that income has escaped assessment has […]

Section 147/148 proceedings on mere investigation wing information was not valid

November 12, 2020 11829 Views 0 comment Print

Hitesh Ashok Vaswani Vs DCIT (ITAT Ahmedabad) In the present case the search information received from the investigation wing was used to form the reason to believe by the AO but without applying the mind. Thus the reasons were merely recorded on the borrowed satisfaction by the AO. The source for all the conclusions was […]

Section 68 Addition Justified for Unexplained Gifts Received from Non-Related Donor

November 12, 2020 1995 Views 0 comment Print

The issue under consideration is whether the CIT (Appeals) has grossly erred in confirming the addition as made by the Assessing Officer (AO) on account of gifts u/s 68? Addition u/s 68 Justified for Unexplained Gifts Received from Non Related Donor.

Booking fees received from Airlines is business income: ITAT Delhi

November 12, 2020 1101 Views 0 comment Print

ITAT Delhi decision on Amadeus IT vs. Asstt. DIT. CRS income, PE attribution, and distribution fee. Assessing Officer’s findings challenged.

Section 68 Addition for share capital/premium invalid if opportunity of cross-examination of witness not given

November 11, 2020 1041 Views 0 comment Print

AO was duty bound to provide opportunity of cross-examination of witness, if he relied on statement of such witness to decide against assessee, particularly when it was demanded by assessee. Illegality crept in, the moment request for cross-examination was denied.

No penalty if no deliberate attempt to evade payment of taxes

November 10, 2020 1311 Views 0 comment Print

Advent Computer Services Ltd. Vs ACIT (ITAT Chennai)  It is an admitted fact that assessee has not reported capital gain derived from transfer of equity shares in pursuant to the direction of the Hon’ble High Court of Madras for amalgamation of M/s. i Theories Business Factory India Pvt. Ltd., with the assessee company, even though […]

Section 80P deduction can be claimed while filing return in response to Section 148

November 10, 2020 31140 Views 3 comments Print

Daee Coop T&C Society Vs ACIT (ITAT Chennai) There is no dispute with regard to the fact that the assessee is a credit co-operative society registered under the TamilNadu Co­operative Societies Act, 1983. It is also not in dispute that the assessee is engaged in the business of providing credit facilities to its members. The […]

In absence of enduring nature Product development expenses are revenue expense

November 10, 2020 618 Views 0 comment Print

ACIT Vs Setco Automobiles (ITAT Ahmedabad) In the present case, the issue is about allowability of product development expenses which were held by A.O. be a capital in nature. We find that ld. CIT(A) while deciding the appeal for A.Y. 2002-03 and following it has given a finding that due to incurring of product development […]

Subsidy cannot be treated as a payment to meet any portion of actual cost of Capital Asset

November 10, 2020 1338 Views 0 comment Print

ACIT Vs Inox Air Products Private Limited (ITAT Pune) The only issue raised in the assessee’s appeal is against  the direction of the ld. CIT(A) for reducing the amount of subsidy from the value of assets for the purpose of granting depreciation. From Explanation 10 to section 43(1) of the Act it is immensely clear […]

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