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All ITAT

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?

Stamp Duty to obtain Business Premises on Lease is Revenue Expense

July 12, 2020 15438 Views 0 comment Print

The issue under consideration is whether the stamp duty paid for obtaining the business premises on lease is deductible under section 37 of the Income Tax Act, 1961?

Section 201(3)(ii) Limitation not applicable to Non resident Assessee

July 10, 2020 2379 Views 0 comment Print

ITO Vs Bata India Ltd. (ITAT Kolkata) There is no dispute on the basic fact that the Assessing Officer’s order herein dated 10.06.2009 passed u/s 201(1A) r.w.s. 195 of the Act has raised interest payment in issue of ₹1,02,545/- for the reason that it failed to pay the TDS deducted on royalty payments to the […]

Sale of Shrink-wrap software Not Taxable as Royalty in India

July 10, 2020 1833 Views 0 comment Print

The issue under consideration is whether the contention of AO is correct in holding that the income from sale of shrink-wrapped software is taxable in India as a royalty?

TCS not applicable on Scrap generated from Trading Activities

July 10, 2020 25470 Views 1 comment Print

The issue under consideration is whether the TCS u/s 206C at 1% will be applicable on sale of scrap not generated out of manufacturing activities?

No Section 263 invocation If AO taken One possible view out of Many

July 10, 2020 819 Views 0 comment Print

PCIT’s action under challenge is not sustainable since the Assessing Officer had taken one of the possible views only in this factual backdrop. It is reversed therefore.

After accepting declaration of Assessee during Survey AO cannot tax the amount in different AY

July 10, 2020 1017 Views 0 comment Print

Laxmi Narayan Jewellery Vs ITO (ITAT Cuttack) From the order passed u/s.143(3) of the assessment year 2012-2013, there is no any single word found in regard to survey proceedings u/s.133A of the Act, whereas the documents were available with the same AO i.e. Ward-2(2), Balasore and the assessee accepted some discrepancy in stock and agreed […]

ITAT allows 60% Depreciation on Computer & Related Software

July 9, 2020 6825 Views 0 comment Print

The issue under consideration is whether the depreciation at the rate of 60% will be allowed for computer related software?

Debt free Company- No Adjustment for interest free loan to Associated Enterprise

July 9, 2020 1479 Views 0 comment Print

Value Labs Vs ACIT (ITAT Hyderabad) The issue which arises in the present appeal is against the adjustment made in the hands of the assessee on account of interest due on outstanding Receivables by treating the same as international transaction. Much reliance is placed on the explanation inserted under section 92B of the Act with […]

ITAT Restored Case to AO Regarding TDS Applicability u/s 194A on Financial Charges Paid for Car Loan

July 9, 2020 852 Views 0 comment Print

The issue under consideration is whether the disallowance u/s 40(a)(ia) is justified for non deduction of TDS u/s 194A on financial charges paid for car loan?

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