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All ITAT

No section 68 addition if Assessee Proves Identity, Creditworthiness & Genuineness

September 5, 2020 9699 Views 1 comment Print

The issue under consideration is whether the addition made by the AO under section 68 by considering the the amount received as unexplained share capital and premium is justified?

No section 271(1)(c) Penalty Merely based on section 37 disallowance

September 5, 2020 1206 Views 0 comment Print

The issue under consideration is whether the cancellation of the penalty u/s 271(1)(c) by the CIT(A) is justified in law?

Bogus Purchases: ITAT reduces addition to 2% of bogus purchases

September 5, 2020 2037 Views 0 comment Print

The issue under consideration is whether the addition made by CIT(A) on account of bogus purchases at rate of 12.5% of purchase u/s 69C is justified in law?

Foreign Travel expense of director having nexus with business allowable

September 5, 2020 8316 Views 0 comment Print

Laxmi Ventures (India) Ltd. Vs DCIT (ITAT Mumbai) The issue under consideration is whether disallowance made against the foreign expense incurred for the foreign travelling of the officer is justified in law? ITAT states that, the assessee had debited a sum on account of foreign travelling expenses for Europe visit and a sum on account […]

Assessment Order Passed without Serving Notice u/s 143(2) on Correct Address as per ITR is Invalid

September 5, 2020 2253 Views 0 comment Print

The issue under consideration is whether the assessment order passed without serving of the notice u/s 143(2) on correct address as mentioned in ITR is considered as Valid order?

Date of Payment of TDS is Date of Cheque deposit with bank: ITAT Mumbai

September 5, 2020 3963 Views 0 comment Print

ITAT hold that payment of TDS by the assessee would relate back to the date of presentation of cheques by the assessee to the banker. Accordingly, TDS-CPC, Ghaziabad is directed to revise the aforesaid intimation by taking the date of tender of cheques by the assessee as the actual date of payment and re-compute interest payable by the assessee, if any. The interest demand u/s 220(2) being consequential in nature, may also be recomputed. Resultantly, the appeal filed by the assessee allowed.

No TP adjustment for interest on receivables from AE’s if delay is less than industry average

September 4, 2020 1122 Views 0 comment Print

TPO has not given any finding on the No. of days delay in receivables. As submitted by the learned AR, the delay was less than 90 days and the industry acceptable period of average is 90 days. The Coordinate Bench of the ITAT in assessee’s own case for the A.Y 2013-14 has taken view that no adjustment is required if the delay is between 90 to 120 days.

Investment on Renovation of New Residential House Eligible for section 54F Exemption

September 4, 2020 19272 Views 0 comment Print

The issue under consideration is whether the investment made on renovation of new residential house is eligible for exemption u/s 54F?

Section 54F exemption on renovation/re-modification expense of house

September 4, 2020 7740 Views 0 comment Print

Juveria Begum Vs ITO (ITAT Hyderabad) Section 54F of the Act only mandates that the capital gain should be invested in ‘a residential house’ within the stipulated time by way of purchase or construction. Thus, the amount spent on renovation of such residential house by an assessee according to his requirements is also allowable as […]

ITAT explains section 244A provisions – Interest on Income Tax Refund

September 4, 2020 30732 Views 0 comment Print

Maruti Suzuki India Ltd Vs CIT (Appeals) (ITAT Delhi) The Honorable Delhi ITAT recently adjudicated an appeal filed in the case of Maruti Suzuki India Ltd vs Commissioner of Income Tax (Appeals)-IX (ITA No. 2553, 2641/Del/2013) wherein the case before the Tribunal was related to the provisions of section 244A of the Income Tax Act. Post […]

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