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Section 154 Debatable Point of Law is Not a Mistake Apparent from Record

July 31, 2020 12282 Views 0 comment Print

The issue under consideration is whether decision based on a debatable point of view can be treated as a mistake apparent from the record?

No TDS on payments to NRI for Purchase of Raw Materials

July 31, 2020 3489 Views 0 comment Print

The issue under consideration is whether the provisions of deduction of tax at source (TDS) would be applicable in case of payments made to non-resident Indian for the purchase of raw materials?

ITAT extends Stay of demand as Delay was Not Attributable to Assessee

July 31, 2020 2064 Views 0 comment Print

Infosys Ltd. Vs The ACIT (ITAT Bangalore) The issue under consideration is whether the stay application seeking an extension of the stay approve by the Tribunal? In the present case, the assessee submitted that the appeal had been fixed for hearing on January 20, 2020, when the earlier stay order was passed. Thereafter, the case […]

IDC receipts for State Government cannot be taxed in the Hands of Assessee

July 31, 2020 1308 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in upholding IDC receipts as normal trading receipts ignoring that the money belongs to state government?

Share application money cannot be treated as Loan unless Transaction is bogus

July 31, 2020 5790 Views 0 comment Print

It is not open to the revenue authorities to recharacterize the transaction unless it is found to be a sham or bogus transaction. While there are no specific powers vested in the TPO to recharacterize the transaction, even under the judge made law, such rechracterization can be done by the revenue authorities when the transactions are found to be substantially at variance with the stated form.

No Addition u/s 40A(3) for Advance Returned Back to Customer in Cash

July 31, 2020 1470 Views 0 comment Print

The issue under consideration is whether the addition u/s 40A(3) for advance which is returned back to the customer in cash is justified in law?

No section 23 Addition of Notional Rent for Vacant Property

July 30, 2020 6126 Views 0 comment Print

The issue under consideration is whether the addition on account of notional rent in respect of vacant property is justified in law?

No addition for Cash payments in excess of prescribed limit as Assesse given undertaking for not claiming that expenditure

July 30, 2020 2163 Views 0 comment Print

whether the disallowance u/s 40A(3) of the Act for the alleged payment in cash in excess of the limit prescribed u/s 40A(3) of the Act for making payment for purchase of land is justified in law?

Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid

July 30, 2020 1395 Views 0 comment Print

ACIT Vs Shiv Vegpro Pvt. Ltd. (ITAT Jaipur) Reopening after 4 years in absence of failure of Assessee to disclose fully & truly all material facts necessary for assessment is invalid AO has even not mentioned as on what account or transactions the assessee has taken the accommodation entry from Shree Ram Trading Co. It […]

Contractors Performing Work in Nature of Developer-cum-Contractor Eligible to Claim Deduction u/s 80-IA

July 30, 2020 5457 Views 1 comment Print

Patel Infrastructure Pvt. Ltd. Vs DCIT (ITAT Rajkot) The issue under consideration is whether contractors performing the work in the nature of a developer-cum-contractor are eligible to claim deduction u/s 80-IA(4) of the Income Tax Act, 1961? ITAT states that even after the amendment by the Finance Act, 2007 and the Finance Act, 2009, the […]

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