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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 […]

Land cannot be held as an agricultural land in absence of agricultural operations

September 4, 2020 16632 Views 0 comment Print

Jairam G Kimmane Vs DCIT (ITAT Bangalore) In the present case, the claim of the Assessee that agricultural operations were carried out over the property and the property was actually used for agricultural purpose was sought to be established by relying on the classification of the property in revenue records. The Revenue contends that there […]

For Section 12AA registration assessee not required to furnish original MOA

September 3, 2020 2490 Views 0 comment Print

Arya Samaj Mandir Vs CIT (Exemption ) (ITAT Jaipur) From the facts of the present case, we noticed that the assessee had filed an application before the ld. CIT (Exemption) for seeking registration u/s 12AA of the Act. The assessee had also furnished the copy of MOA notorized by the Notary Officer, Bhilwara. However, the […]

Assessment Order Passed in Name of Amalgamated company i.e. Non-Existent Entity is Void-ab-Initio

September 3, 2020 1830 Views 0 comment Print

The issue under consideration is whether the Assessment Order against non-existent entities will be considered as valid in law?

Furnishing of Original copy of documents not mandatory for Section 12AA Registration from 19.02.2018

September 3, 2020 951 Views 0 comment Print

Shrimad Dayanand Shiksha Samiti Bhilwada Vs CIT (ITAT Jaipur) From the facts of the present case, we noticed that the assessee had filed an application before the ld. CIT (Exemption) for seeking registration u/s 12AA of the Act. The assessee had also furnished the copy of MOA notorized by the Notary Officer, Bhilwara. However, the […]

Consider new claims of Assessee made before Appellate Authorities without revising Return: ITAT directs AO

September 2, 2020 768 Views 0 comment Print

The issue under consideration is whether the assessee is seeking change in Income Tax Return by way of raising additional grounds of appeal in front of the tribunal and not filing Revised return will be entertained by the Tribunal?

Six AYs Counted from Date of Handing over of Assets/Documents to AO for Section 153C Assessments

September 2, 2020 1632 Views 0 comment Print

whether Assessment year in respect of proceedings u/s 153C of the Act to be same 6 years in the case of other person, for which the proceedings u/s 153A is initiated in the case of connected searched person?

Section 153C Assessment order in the Name of Non Existing Entity is Invalid

September 2, 2020 819 Views 0 comment Print

The issue under consideration is whether Assessemnt order u/s 153C issued in the name of Amalgamated Company will be considered as valid?

Interest on delayed payment of TDS not allowable as business expenditure

September 1, 2020 75753 Views 0 comment Print

Govindam Clearing Agencies Pvt. Ltd Vs DCIT (ITAT Jaipur) AO had disallowed the interest and made an addition of Rs. 18,315/- on account of late deposit of TDS by the assessee. We find that the facts are undisputed that the assessee has claimed interest as expense incurred for delayed payment of TDS. We find that […]

Assessee eligible for refund of TDS deducted on off shore supply contracts not taxable in India

August 31, 2020 1626 Views 0 comment Print

ABB AB C/o ABB India Limited Vs DCIT (ITAT Bangalore) Assessing Officer first has to examine whether the amounts received are off shore supply contracts by the assessee were received outside the country. The learned Authorized Representative submitted that the assessee company has offered the income on on shore supply contracts. Since, the off shore […]

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