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All ITAT

In absence of evidence that transactions were bogus, LTCG declared by assessee cannot be doubted

October 5, 2020 1557 Views 0 comment Print

Dipesh Ramesh Vardhan Vs. DCIT (ITAT Mumbai) The perusal of record would reveal that the assessee purchased certain shares of an entity namely M/s STL as early as September, 2011. The shares were converted into demat form in assessee’s account during the month of March, 2012. The transactions took place through banking channels. The investments […]

Deduction Claimed as R&D Expense For Development on Mechanism to Produce Customised Products Allowed

October 5, 2020 11973 Views 0 comment Print

The issue under consideration is whether deduction can be claimed under Research and Development (R&D) for Amount incurred towards development on a mechanism to produce customised products?

Addition for Notional annual value of property/part of property held as stock-in-trade

October 5, 2020 1521 Views 0 comment Print

Tata Housing Development Company Ltd vs PCIT (ITAT Mumbai) sub-section (5) to Section 23 has been inserted by the Finance Act, 2017 w.e.f. 01-4-2018, whereby notional annual value of property/part of property held has stock-in-trade has been brought to tax subject to conditions specified in the newly inserted sub-section. The amendment is substantive in nature […]

ITAT refers back matter of ₹ 3.2 Crore addition for Share premium to AO

October 5, 2020 636 Views 0 comment Print

Fabline Engineers Pvt. Ltd. Vs ITO (ITAT Kolkata) This appeal preferred by the assessee is directed against the order of the Ld. CIT (Appeals) – 7, Kolkata dated 28-02-2018 passed ex parte, whereby he dismissed the appeal of the assessee for non-prosecution. 2. The assessee in the present case is a company, which is engaged […]

TDS on purchase of licensed software cannot be made retrospective

October 5, 2020 37044 Views 0 comment Print

The decision holding that the payments made for purchase of software was in the nature of royalty came to be pronounced on 15.10.2011. Accordingly, assessee could not be treated as an assessee in default for not deducting TDS under section 195 in respect of payments made for purchase of licensed software prior to 15.10.2011.

Deduction u/s 54F Allowed Even if Construction of New House Commenced Prior to Transfer of Asset

October 4, 2020 2625 Views 0 comment Print

The issue under consideration is whether the assessee would be entitled for deduction u/s 54F if construction of house is commenced prior to the transfer of the asset?

Payments to church, police station, summits, schools, etc are not CSR expense

October 4, 2020 6084 Views 0 comment Print

Vedanta Ltd. Vs ACIT (ITAT Delhi) At the very outside, the Tribunal in the case of National Small Industries Corporation Limited 175 ITD 601 has held that amendments made to section 37 of the Act vide Finance Act [No. 2] 2014 are prospective in nature and hence would not be applicable to the period prior […]

ITAT allowed provisions of warranty claimed as expenditure

October 3, 2020 1545 Views 0 comment Print

Demag Delaval Industries Turbomachinery Pvt. Ltd. Vs. ACIT (ITAT Mumbai) The assessee had made provision for warranty of Rs. 2,76,18,000/-which was claimed as expenditure. The same was denied by the Assessing Officer on the ground that it is an unascertained liability and a contingent liability. Learned CIT(A) in principal upheld the action of the Assessing […]

Reopening not justified when all aspects were examined in original assessment proceedings

October 2, 2020 681 Views 0 comment Print

Nishit Fincap Pvt Ltd. Vs ITO (ITAT Delhi) Query No. 7 is in relation to share capital and share application money received. This means that specific query was raised in respect of share application money and vide reply dated 16.11.2009, the assessee furnished all details as required by the Assessing Officer. Pursuant to the reply […]

Provision after due diligence cannot be said to be adhoc provision

October 2, 2020 2028 Views 0 comment Print

DCIT Vs. HDFC Sales Pvt. Ltd. (ITAT Mumbai) Before us the ld. DR for the revenue in his submissions vehemently submitted that the projected estimation of the provisions of expenses is projected purely on estimation and that there is mismatch of projected figures of expenses and the actual expenses incurred on various counts, which we […]

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