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CPC TDS Wing is not an ‘External Agency’ for CBDT Circular

August 14, 2020 951 Views 0 comment Print

ITO Vs Ajmer Vidhyut Vitran Nigam Ltd (ITAT Jaipur) Exception 10(e) to the aforesaid CBDT Circular relates to cases where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ ED/ DRI/ SFIO/ Directorate General of GST Intelligence (DGGI). In the instant case, the assessee has […]

Second section 263 revision on same subject quashed by ITAT

August 12, 2020 2019 Views 0 comment Print

Second revision u/s 263 quashed by ITAT holding not permissible on the same subject matter on which specific direction given by First PCIT have been complied by AO. Doctrine of merger applied.

Income from Foreign Asset Earned through Pension mentioned in FA Schedule is Not Taxable in India

August 12, 2020 4134 Views 0 comment Print

The issue under consideration is whether the addition on the income from foreign asset earned through the retirement plan mentioned in FA schedule is taxable in India or not?

Onus on Revenue to prove Assessee Paid Donation to College in Cash

August 12, 2020 924 Views 0 comment Print

The issue under consideration is whether the addition made by AO merely based on the statement recorded under section 132(4) of the I.T. Act is justified in law?

If Income of Any Member is Higher than Basic Exemption Limit then Income of AOP Chargeable at MMR

August 12, 2020 12183 Views 0 comment Print

The issue under consideration is whether AOP is liable to tax at MMR if income of its members during relevant year exceeded basic exemption limit?

Inseparable Renting of workstations in building with amenities taxable as other Income

August 12, 2020 4755 Views 0 comment Print

when a building and plant, machinery or furniture are inseparably let out, then under Income Tax it will be taxable under head of house Property, business or other sources?

Assessment cannot be Reopened if Assessee disclosed fully & Truly All Material Facts during Original Assessment

August 12, 2020 1587 Views 0 comment Print

The issue under consideration is whether the AO is correct in re-opening of the assessment under section 147 even though the assessee has disclose fully and truly all the material facts during original assessment?

No section 271B Penalty for Not furnishing Audit Report before ITR Filing

August 11, 2020 6696 Views 0 comment Print

Vrinda Sales P. Ltd Vs ITO (ITAT Delhi) The issue under consideration is whether CIT(A) is correct in levying penalty under Section 271B for not auditing books of accounts/ furnishing reports of the audit of books of accounts on the due date of filing Income Tax Return (ITR)? ITAT states that, in the instant case, […]

Expenses in connection with issue of FCCB allowable

August 11, 2020 1434 Views 0 comment Print

Mahindra & Mahindra Ltd. Vs Addl. CIT (ITAT Mumbai) The assessing officer disallowed the premium paid on FCCB holding that being capital and contingent. The learned CIT(A) allow relief to the assessee by following the decision of tribunal in earlier years. We have seen that the coordinate bench of Tribunal in assessee’s own case for […]

Section 54F exemption allowable before Intra Head Adjustment of Losses

August 11, 2020 5217 Views 0 comment Print

whether it is lawful to first compute capital gain after doing intra head adjustments and whether the deductions u/s 54F should be allowed from the net income computed after intra head adjustments?

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