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Assessment Order against non-existent Entity would be non-est in eyes of law

July 13, 2020 1602 Views 0 comment Print

Assessment order passed by the A.O u/s 143(3) r.w.s 144C(3), in the hands of M/s Satyam Computers Services Ltd., i.e an entity that was non-existent on the date on which the assessment order was passed, had been held by the Tribunal in its aforesaid order as non-est in the eyes of law, therefore, the same does not survive and on the same terms is quashed.

Issue of Share at a premium: AO cannot change valuation method

July 13, 2020 1698 Views 0 comment Print

ITAT held that AO can scrutinize the valuation report and he can determine a fresh valuation either by himself or by calling a determination from an independent valuer to confront the assessee but the basis has to be DCF method and he cannot change the method of valuation which has been opted by the assessee.

Section 2(22)(e) Deeming fiction cannot be applied on mere suspicion

July 13, 2020 13935 Views 0 comment Print

ACIT Vs Shri Gurdeep Singh (ITAT Chandigarh) The intention behind enacting provisions of section 2(22) (e) are that closely held companies (i.e. companies in which public are not substantially interested), which are controlled by a group of members, even though the company has accumulated profits would not distribute such profit as dividend because if so […]

No liability on assessee to deduct merely based on provisions

July 13, 2020 1500 Views 0 comment Print

 The fact that provision made at the end was reversed in the beginning of next accounting year showed that there was no income accrued. Mere entries in books of account did not establish accrual of income in the hands of payee and hence there was no liability on assessee-company to deduct merely on the provisions made at year end.

Peak Credit Computation- Both deposits & withdrawal needs to be considered

July 13, 2020 837 Views 0 comment Print

Shri B.A.Moideen Bava Vs DCIT (ITAT Bangalore) The issue raised by assessee is on merits is regarding peak credits in unaccounted bank accounts of assessee’s. It has been submitted that peak credit has to be computed on the basis of actual deposits and withdrawal and not on the basis of cash deposit alone. Accordingly, we […]

Appeal filed by assessee dismissed due to ignorant attitude of assessee towards appeal

July 12, 2020 1038 Views 0 comment Print

Appeal filed by assessee dismissed due to ignorant attitude of the assessee towards appeal.

No Section 54B exemption if new land not purchased within a period of 3 years

July 12, 2020 915 Views 0 comment Print

Bhagwan Keshu Sakhare Vs ITO (ITAT Pune) The issue under consideration is whether CIT is correct in denial of exemption u/s 54B of the Act? In the present case, the case of assessee is selected for limited scrutiny under CASS for the reason of “Deduction claimed under the head capital gains”. After claiming deduction for […]

Software Expenses on Upgradation allowed as Revenue Expense

July 12, 2020 6045 Views 0 comment Print

The issue under consideration is whether the software expenses are allowed as revenue expenditure? Software Expenses incurred for Upgradation are Allowed as Revenue Expenditure.

Bar Council eligible for Registration u/s 12AA & Exemption u/s 80G

July 12, 2020 2499 Views 0 comment Print

The issue under consideration is whether the CIT is correct in rejecting the application filed by Bar Council of Delhi seeking registration u/s 12A (a) of the Income Tax Act?

Business Promotion Expenses for Precious items allowed partially considering nexus with Turnover

July 12, 2020 7956 Views 1 comment Print

The issue under consideration is whether AO and CIT(A) are correct in disallowing the Business Promotional Expenditure declared by the assessee?

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