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Expense on Microsoft EAS licence renewal of AXABS software: ITAT remands case back to CIT(A)

October 28, 2020 1257 Views 0 comment Print

AXA Business Services Pvt. Ltd. Vs DCIT (ITAT Bangalore) We have considered the rival submissions. We find that despite all the details having been filed by the assessee before the CIT(Appeals), the CIT(Appeals) has not considered those submissions with regard to the sum disallowed by the AO, except the sum of Rs.81,52,209 which was incurred […]

To claim depreciation ready for use of Asset is enough

October 27, 2020 2028 Views 0 comment Print

Mantri Developers Private Limited Vs DCIT (ITAT Bangalore) As per these provisions, even if the building is not actually let out and the assessee is not occupying the same for the purpose of business, Annual Value of the building is to be estimated at the sum for which the property might reasonably be expected to […]

No disallowance under Rule 8D(2)(ii) r.w. Section 14A if Investment were out of Interest Free Funds

October 26, 2020 1593 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in confirming the disallowance made by the Assessing Officer u/s.14A read with Rule 8D(2) of the Income Tax Rules, 1962?

Entire Purchase cannot be disallowed by Considering it as Bogus

October 25, 2020 3756 Views 0 comment Print

The issue under consideration is whether the disallowance u/s 69C of entire purchase amount by considering it as bogus is justified in law?

Section 50C Cannot be Invoked if No Reference Made to Valuation Officer

October 25, 2020 11289 Views 0 comment Print

The issue under consideration is whether AO is correct in invoking section 50C where no reference to valuation officer despite being request made by assessee?

Explanation 7 to section 9(1)(i) of Income Tax Act is Retrospective

October 25, 2020 8100 Views 0 comment Print

Assessing Officer was of the firm belief that operation of Explanation 7 to section 9(1)(i) of the Act is prospective, since it has been inserted by the Finance Act, 2015 and made effective from 01.04.2016 and, therefore, not applicable in the year under consideration.

Interest subsidy under TUF scheme for setting up of new unit is capital receipt

October 24, 2020 3030 Views 0 comment Print

DCIT Vs Orbit Exports Ltd. (ITAT Mumbai) We find that assessee had also received interest subsidy under TUF scheme of Rs.56,54,913/- and interest subsidy of Rs.29,18,192/- from Government of Gujarat and Maharashtra. We find that this subsidy originally was offered as revenue receipt by the assessee in its return of income, which was sought to […]

Duly recorded goodwill & customer contracts eligible for depreciation

October 24, 2020 3351 Views 0 comment Print

DCIT  Vs Infrasoft Technologies Ltd (ITAT Delhi) Undisputedly, during the year under assessment, the assessee has acquired certain business interest from M/s. KPIT Cummins Infosystems Ltd. for a consideration of Rs.19,02,00,000/- out of which an amount of Rs.6,52,80,577/- and Rs.10,89,60,000/- has been shown as goodwill and customer contract respectively. It is also not in dispute […]

Mitsui India Pvt. Ltd (MIPL) is not a DAPE of Mitsui & Co. Japan

October 23, 2020 744 Views 0 comment Print

ACIT Vs Mitsui & Co. Ltd. (ITAT Delhi) The AO asked the assessee to explain why Mitsui India Pvt. Ltd (MIPL) should not be treated Dependant Agent Permanent Establishment (DAPE) in India and also why the assessment should not be completed as per the preceding assessment year since the facts remain the same. Rejecting the […]

ITAT upheld disallowance to 12.5% of non-genuine purchases

October 23, 2020 876 Views 0 comment Print

ITO v. Raj Tools Centre PAP (ITAT Mumbai) Appeals is against addition of ₹.2,60,603/-, as unexplained expenditure u/s 69C of the Act. As per the investigations carried out by the Sales Tax Authorities, the aforementioned parties were found to be involved in giving accommodation entries only without actually supplying the goods. The logical inference is […]

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