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All ITAT

No section 36(1)(iii) disallowance unless Direct Nexus between Borrowed Funds & Capital Withdrawals

November 4, 2020 1782 Views 0 comment Print

The issue under consideration is whether disallowance u/s 36(1)(iii) made by AO forming an opinion that interest bearing funds were withdrawn from the firm being capital withdrawn by the partners and interest free advances is justified in law?

NRI expense for business purpose by non-resident bank allowable

November 4, 2020 1233 Views 0 comment Print

Standard Chartered Grindlays Bank Vs ACIT (ITAT Delhi) The assessee is a non-resident banking company which carries on the business of banking and other related activities through its branches in India in accordance with the provisions of Banking Regulation Act, 1949. During the year, Indian Permanent Establishment (in short PE) of the assessee bank in […]

AO cannot dispute profitability of eligible unit If not disputed ALP of transactions covered u/s 80IA(8)

November 4, 2020 963 Views 0 comment Print

Disallowance under section 14A read with rule 8D could not exceed tax free income earned by assessee. Therefore, AO was directed to restrict disallowance made on account of the common administrative expenses to the amount of exempt dividend income actually earned by the assessee during the year under consideration.

Provision for Mobile Phone Warranty Cannot be disallowed for mere Technology Improvement

November 4, 2020 1023 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in disallowing the provision for warranty of mobile phone merely on the basis of improvement in technology is justified in law?

Section 54EC – ITAT explains deduction of Rs. 50 Lakh & Rs. 1 Crore

November 3, 2020 8277 Views 3 comments Print

Arun Kumar B M Vs ITO (ITAT Bangalore) The Assessing Officer held that the assessee is required to invest Rs.50 lakh in REC Bonds in any financial year. The Assessing Officer also relied on the amendments made to section 54EC of the I.T.Act vide Finance Act, 2014 w.e.f. 01.04.2015. Assessee has filed this appeal before […]

Treatment of Interest on Fixed Deposit – ITAT remanded case Back to AO

November 3, 2020 4986 Views 0 comment Print

Explore Angul Sukinda Railway Ltd. vs ITO case. ITAT Cuttack decision on interest treatment for FDR and Flexi deposits. Full judgment details here.

No cancellation of registration u/s 12AA(3) since inception in absence of cogent material

November 2, 2020 3981 Views 0 comment Print

Order of the PCIT cancelling the registration since inception, u/s 12AA(3) was legally not valid as no material was being referred by PCIT and its applicability to any of the provisions of Section 2(15) and/or Section 12AA(3) while revoking the registration. 

Delete TP adjustment by way of royalty Against Himalaya Drug Company- ITAT Directs AO

November 2, 2020 1017 Views 0 comment Print

Himalaya Drug Company Vs ACIT (ITAT Bangalore) We noticed that the assessee has exported finished goods to its AEs located in various Countries and the AEs have only marketed the goods. Since the finished goods exported by the assessee are drugs and beauty care items, the assessee was required to comply with the requirement of […]

FMV of shares: Jurisdiction of AO to reject valuation methods adopted by Assessee

November 2, 2020 2916 Views 0 comment Print

Canvera Digital Technologies Pvt. Ltd Vs DCIT (ITAT Bangalore) From the details filed, Ld.AO observed that, assessee had computed the value as per DCF method and that there was nothing to suggest that DCF method was an appropriate method to value the shares. Ld.AO rejected DCF method adopted by assessee for the reasons that cash […]

Order passed without giving effect to ITAT Direction been restored to AO for fresh order

November 1, 2020 2409 Views 0 comment Print

Dell International Services India Pvt. Ltd. Vs JCIT (ITAT Bangalore) We find that before us, there are 3 grievances of the assessee. The first grievance is regarding assessee’s request for exclusion of comparable M/s. Comp-U-Learned Tech India Ltd. The second grievance is regarding assessee’s request for exclusion of CAT Technology Ltd. The third grievance of […]

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