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Assessment in the name of non-existing person or a dead person is null & void

August 31, 2020 3327 Views 0 comment Print

Search conducted on the basis of warrant of authorization issued in the name of non-existing entity and consequent assessment framed under section 243(3) read with section 153A were bad in law being nullity in the eyes of law.

Section 10AA Deduction on Enhanced Income Earned through APA

August 31, 2020 8541 Views 0 comment Print

whether the 1st proviso of section 92C(4) is triggered when the income computation for deduction u/s 10AA is enhanced only in the computation of income and no such entries are made in the books of account?

Debate on Nature of Expense- Penalty for disallowance unjustified

August 31, 2020 987 Views 0 comment Print

Piramal Healthcare Ltd. Vs DCIT (ITAT Mumbai) We find that the assessee had claimed business promotion expenses as revenue expenditure which was sought to be treated by the ld. AO as capital expenditure. This disallowance was ultimately sustained by the Tribunal in the quantum appellate proceedings. We find that the issue in dispute was whether […]

Reopening to assess Income under different head due to change of opinion is invalid

August 31, 2020 1107 Views 0 comment Print

Reopening of assessment to assess the remuneration under the head ‘income from salary’ instead of ‘income from other sources’ constitutes difference of opinion and the AO is not permitted to reopen the assessment on difference of opinion

Depreciation not Disallowable merely for Purchase of car in Personal Name

August 30, 2020 10236 Views 0 comment Print

Whether the depreciation on car purchased by assessee can be disallowed only because the payment towards purchase of the same is made through his personal account?

Section 153A Assessment Invalid if no Incriminating Material Found during Search

August 30, 2020 3471 Views 0 comment Print

The issue under consideration is whether the assessment u/s 153A can be considered as valid even if no incriminating material found during the course of search?

Form 35 Submission with Scanned Signature for filing CIT appeal is Sustainable in Law

August 30, 2020 3174 Views 0 comment Print

The issue under consideration is whether the submission of Form 35 alongwith scanned copy of signature at the time of filing CIT appeal is sustainable in law?

Section 271GH penalty not leviable if Assessee complies Rule 10D(i)

August 29, 2020 1323 Views 0 comment Print

Procter & Gamble Home Products Private Limited Vs DCIT (ITAT Mumbai) Main allegation of the revenue is that of non-furnishing of audited AE and non AE segmental as well as documents regarding choice of foreign entity as tested party. We also noted that any other reason for levy of penalty is for non-furnishing of audited […]

No lack of Jurisdiction if AO of searched person recorded his satisfaction & provided seized material to AO of assessee

August 28, 2020 687 Views 0 comment Print

Akarsh Residence Pvt. Ltd. Vs DCIT (ITAT Bangalore) As per the facts noted by learned CIT(A) in the relevant paras of his order as reproduced above, it comes out that search was carried out in the case of M/s. Adarsh Developers and incriminating documents were found and seized in the course of search and those […]

ITAT deletes addition for share premium as Assessee establishes identity, genuineness & creditworthiness of investor

August 28, 2020 807 Views 0 comment Print

ITO Vs M/s Heckyl Technologies Pvt.Ltd. (ITAT Mumbai) Firstly, the AO has clearly mentioned at paragraph no. 5 on page no’s, 6 and 7 of his order that he had made two references to the tax authorities in Mauritius and the UK. These references had been made under section 90 of the Act and had […]

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