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Section 14A Disallowance r.w. Rule 8D cannot exceed Exempt Income

November 10, 2020 6147 Views 0 comment Print

Ramalinga Mills Ltd. Vs ACIT (ITAT Chennai) The issue under consideration is whether disallowance of expenditure in relation to exempt income u/s.14A read with Rule 8D of I.T. Rules, 1962 is justified in law? ITAT states that, the facts borne out from records clearly indicate that the assessee has earned dividend for the impugned assessment […]

Intermediary services not amount to FTS & not taxable under India-Sweden DTAA

November 9, 2020 1047 Views 0 comment Print

Bombardier Transportation Sweden AB Vs DCIT (ITAT Delhi) Conclusion: Payment of consideration would be regarded as ‘fee for technical/included services’ only if the twin test of rendering services and making technical knowledge available at the same time was satisfied. Intermediary services rendered by assessee did not make available any technical knowledge, skill etc to BTIN […]

Additions in reopened Assessment not valid if no addition on subject matter of reopening

November 9, 2020 6513 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment is valid even if there is no addition on subject-matter being basis for issuing notice under section 148, rather AO made addition on other counts?

Commission to Director in terms of Employment is Part of Salary: ITAT Delhi

November 9, 2020 20562 Views 0 comment Print

Commission paid to Director in terms of Employment is Considered as Part of Salary. It is also not disputed that TDS has been deducted on such commission as salary. Accordingly, the Revenue’s appeal is dismissed.

Profit margin disclosed by assessee cannot be rejected arbitrarily

November 9, 2020 753 Views 0 comment Print

The issue under consideration is whether addition made by AO by application of N.P. rate of 8% is justified in law? Profit Margin Cannot be Rejected Arbitrarily due to Rejection of Books of Account

Risk adjustment / Benchmarking of international transactions- ITAT Remands case back to AO

November 9, 2020 774 Views 0 comment Print

GCO Technologies Centre Private Ltd. Vs ITO (ITAT Mumbai) We have deliberated at length on the aforesaid issue under consideration and are unable to persuade ourselves to subscribe to the projection of the aforesaid comparable company viz. M/s Cather Consultancy Services Pvt. Ltd by the assessee as a profit making company during the financial year […]

ITAT Allowed Deduction of Municipal Taxes on Area Not Leased Out

November 9, 2020 2199 Views 0 comment Print

Dream Motels (P) Ltd. Vs ITO (ITAT Mumbai) The issue under consideration is whether treating municipal taxes paid is considered as a part of rent liable to be taxed u/s 23 of the act? ITAT states that, upon due consideration of factual matrix, the crystal-clear position that emerges is the fact that as per the […]

No section 68 Addition in Absence of Primary & Independent Enquiry by AO

November 6, 2020 1614 Views 0 comment Print

The issue under consideration is whether the addition made u/s 68 for assessee helped various beneficiaries in providing accommodation entries in relation to capital and expenses is justified in law?

Retention bonus amount paid before due date of filing return of income allowable

November 6, 2020 12240 Views 0 comment Print

As per the proviso to section 43B, the amount paid before the due date for filing return of income out of the provision created is allowable as deduction. Admittedly, assessee had paid a sum out of the provision so created, before the due date for filing return of income.

Issue of scrutiny notice by non jurisdictional officer makes entire assessment invalid

November 6, 2020 4233 Views 0 comment Print

ITO Vs M/s Arti Securities & Services Ltd. (ITAT Lucknow) Issue of scrutiny notice by non jurisdictional officer makes entire assessment invalid as per CBDT instruction no 1 of 2011 holds ITAT Learned counsel for the assessee, at the outset, submitted that the second ground taken by the assessee is a jurisdictional issue therefore, he […]

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