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No Addition for Showing Net Impact of Marketing Income under head Marketing Cost in P&L A/c

September 30, 2020 1041 Views 0 comment Print

Orion Property Management Services Ltd. Vs. ITO (ITAT Bangalore) The issue under consideration is whether CIT(A) is correct in making addition of Sponsorship and Promotional income by reducing it from marketing cost? In the instant case, the marketing income has been considered under the head marketing cost and net of expenses is debited to P&L […]

Section 271(1)(c) Penalty proceedings not sustainable if not specifies Limb

September 30, 2020 27135 Views 0 comment Print

Balaji Telefilms Limited Vs. DCIT (ITAT Mumbai) The issue under consideration is whether the penalty proceedings u/s 271(1)(c) without specifying the limb will be sustain under law? ITAT states that, it has been held by Hon’ble Court that the notice would have to specifically state the ground mentioned in Section 271(1)(c) of the Act namely […]

Foreign Exchange Fluctuations allowable as Revenue Expense- Section 37

September 30, 2020 3771 Views 0 comment Print

DCIT Vs. Coffee Day Global Ltd. (ITAT Bangalore) The issue under consideration is whether foreign exchange fluctuations are allowed as revenue expense u/s 37 of Income Tax Act? ITAT states that, the Supreme Court in the case of CIT vs. Woodward Governor India Pvt. Ltd. (2009) 312 ITR 254 had already held that the actual […]

Section 153C Assessment has to be based on material found in the course of search which relates/belongs to Assessee

September 30, 2020 6906 Views 0 comment Print

Sree Lakshmi Vs DCIT (ITAT Bangalore) We have already examined the legal position with regard to validity of initiation of proceedings u/s. 153C of the Act de hors incriminating material found in the course of search which belong or relate to the assessee. Admittedly, no such incriminating material was found in respect of any of […]

Assessee can choose to follow either IT act provisions or DTAA

September 30, 2020 1800 Views 0 comment Print

It is for the assessee to examine whether or not in the light of the applicable legal provisions and the precise factual position the provisions of the IT Act are beneficial to him or that of the applicable DTAA.

No default due to Non Deduction of TDS on Interest where Form 15G is Submitted

September 29, 2020 834 Views 0 comment Print

The issue under consideration is whether assessee is considered as assessee in default u/s 201(1) and 201(1A) for non-deduction of TDS?

Section 194H TDS not applicable on Payment gateway charges paid to banks/credit card agencies

September 29, 2020 21501 Views 1 comment Print

ACIT Vs. Head Infotech India Pvt. Ltd. (ITAT Hyderabad) Assessee hosts online games and when the customers make payments through banking Gateways by way of credit or debit card of the relevant banks ( which are referred to as Gateways) and while transferring money to the assessee’s account, banks invariably retain service charges. It is […]

Interest on NPA loan can be taxed on receipt basis only

September 29, 2020 4017 Views 0 comment Print

DCIT Vs. Chitradurga District Co-Op. Central Bank Ltd. (ITAT Bangalore) If an assessee adopts the mercantile system of accounting and in his accounts he shows a particular income as accruing, whether that amount is really accrued or not is liable to bring the said income to tax. His accounts should reflect true and correct statement of affairs. […]

Assessee can claim proportionate deduction under Section 80IB(10) relating to eligible units

September 28, 2020 831 Views 0 comment Print

DCIT Vs Shree Venkatesh Associates (ITAT Pune) The issue of pro-rata deduction u/s. 80IB(10) for eligible units has been considered by the jurisdictional ITAT, Pune in case of Ramsukh Properties (supra) and M/s D.S. Kulkarni Developers Ltd (supra) and IT AT, Nagpur in case of AIR Developers(supra) and allowed such pro-rata deduction. The ITAT, Mumbai […]

Undisclosed Business Income not taxable under Section 115BBE r.w. Section 68 & 69

September 28, 2020 8277 Views 0 comment Print

Shri Bhuwan Goyal Vs DCIT (ITAT Chandigarh) Landmark Chandigarh ITAT order on Section 115BBE on  investment made out of undisclosed business income held not to fall in Section 69 & 115BBE (AY 17-18). In the present case it is not in dispute that the assessee surrenderd the income of Rs. 3.64 Crores in the statement […]

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