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No addition can be made merely on the basis of presumption

September 17, 2020 7584 Views 2 comments Print

Sindhu Trade Links Ltd. Vs DCIT (ITAT Delhi) It can be seen that the assessee company had purchased land at Tifra Bilaspur for Rs. 55,44,800/- including stamp duty and registration charges of Rs. 7,06,705/-. The Ld. DR submitted that as per the observations of the Assessing Officer there are certain purchases of land /properties where […]

No adjustment for notional interest on receivables if taxpayer is debt free

September 17, 2020 2232 Views 0 comment Print

Global Logic India Ltd Vs DCIT (ITAT Delhi) No adjustment is to be made on account of notional interest on receivables by relying upon Explanation (i), (a) & (c) of section 92B by treating the continued debt balance as an international transaction. Moreover when the taxpayer is debt free company, there is no question of […]

Detailed examination of Loan Disbursed must before denying section 80P deduction

September 17, 2020 645 Views 0 comment Print

Kechery Service Co-operative Bank Limited Vs ITO (ITAT Cochin) In the instant case, the Assessing Officer had denied the claim of deduction u/s 80P of the I.T.Act for the reason that assessee was essentially doing the business of banking and disbursement of agricultural loans by the assessee was only minuscule. Therefore, the Assessing Officer concluded […]

Deemed dividend provisions not attracted to running account with Group companies to meet business exigencies

September 16, 2020 1185 Views 0 comment Print

Budhia Agencies Pvt. Ltd. Vs DCIT (ITAT Kolkata) Learned authorized representative vehemently contends that the impugned deemed dividend addition is not sustainable in the eyes of law. His case as per page 4 of the paper-book indicating the assessee’s ledger in the books of M/s Republic Tractor Motor Pvt. Ltd. is that it had been […]

Expenses on Replacement of Jigs & Fixtures Allowable as revenue

September 16, 2020 2412 Views 0 comment Print

ACIT Vs Bajaj Holdings & Investment Ltd (ITAT Mumbai) The issue under consideration is whether the replacement of jigs and fixtures considered as revenue expense or capital expense? ITAT states that, the expenditure incurred on replacement of jigs and fixtures are basically tooling aids required in the production process and these items are part of […]

Write-back of provision is taxable only if same was claimed as a deduction earlier

September 16, 2020 14634 Views 0 comment Print

ITO Vs. Scheme A1 of ARCIL CPS (ITAT Mumbai) Reversal of the impairment provision created by the assessee in the earlier years in respect of the financial asset was merely a book entry without any corresponding amount payable by anybody or any possibility of receiving any benefit or money or money’s worth. We are of […]

AO cannot expend scope of limited Income tax scrutiny

September 16, 2020 3267 Views 0 comment Print

Where case of assessee was selected for limited scrutiny on issue of mismatch of sales shown in the audit report vis-à-vis tax return but AO expanded the scope of limited scrutiny by making addition for alleged speculation loss under section 43(5) without taking permission from the concerned Pr.CIT/CIT, order of AO was set aside.

section 68 not apply to allotment of shares for non-cash consideration

September 16, 2020 4971 Views 0 comment Print

ITO Vs Trilokpati Exim Pvt. Ltd. (ITAT Kolkata) When assessee had allotted shares for consideration other than cash then provisions of section 68 (cash credit) does not apply FULL TEXT OF THE ITAT JUDGEMENT The captioned appeal filed by the Revenue, pertaining to assessment year 2012-13, is directed against the order passed by the Commissioner […]

Additions for unexplained cash cannot be made solely based on section 132(4) statements

September 15, 2020 3393 Views 0 comment Print

Jewels Emporium Vs ACIT (ITAT Jaipur) From the record, we found that as on the date of search, the books of account of M/s Jewels Emporium were incomplete and the printouts of cash books as taken by the search team did not reflect the true and correct balance available which is made part of the […]

Addition for Bonus shares – Section 56(2)(vii)- ITAT explains Law

September 15, 2020 3852 Views 0 comment Print

DCIT Vs Veena Goyal (ITAT Jaipur) As per the provisions of the section 56(2)(vii)(c)(i), any property other than immovable property is transferred for a consideration which is less than the aggregate fair market value of the property by an amount exceeding Rs. 50000/-, the aggregate fair market value of such property as exceeds such consideration […]

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