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For some bogus transactions Entire purchase can’t be disallowed

July 3, 2020 2016 Views 0 comment Print

Whether the CIT(A) is correct in restricting the addition u/s 69C for bogus purchases to 12.5% against the total purchase disallowance made by AO?

ITAT delhi deletes Addition of LTCG on Penny stock

July 2, 2020 3393 Views 0 comment Print

Shri Suresh Kumar Agarwal Vs ACIT (ITAT Delhi) ITAT deleted addition made u/s 68 for alleged bogus LTCG of Rs.56,43,084/- on merits holding that Ld AO failed to bring any cogent material in addition to report of Directorate of Investigation Kolkata about Jamakharchi /Penny stock companies and convert its reasons into a fact , thereby […]

If Agent paid remuneration on ALP & taxed in India no further taxation in the hands of DAPE

July 1, 2020 762 Views 0 comment Print

Whether the agent in India was a ‘Dependent Agent’ constituting a permanent establishment (PE) and the appellant was, therefore, liable to be taxed as per India UK DTAA?

Co-op credit society Eligible for Section 80P(2)(a)(i) deduction

July 1, 2020 19416 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in deleting the addition on account of disallowance u/s 80P(2)(a)(i) of the I.T. Act?

Sales Promotion expenses for publicity of brand name allowable

July 1, 2020 10170 Views 0 comment Print

Whether CIT is correct in allowing expenditure on advertisement & sales promotion of product & brand promotion by considering it as Revenue in nature?

Financial Stringency is reasonable cause for Not levying section 221(1) Penalty

July 1, 2020 1599 Views 0 comment Print

Whether CIT(A) is correct in deleting the penalty levied u/s 221(1) by the AO on the ground that assessee has paid the self assessment  after the date of filling of return of income?

Ex-parte order for non-attendance during lockdown is unjustified

July 1, 2020 2106 Views 0 comment Print

Uttar Pradesh Water Supply and Sanitation Mission Vs ACIT (ITAT Lucknow) Passing ex-parte order when assessee could not attend the proceedings due to lockdown is not justified in law. Since Ministry of Home Affairs, Government of India, vide letter dated 24th March, 2020 had issued directions for stopping of the work of all offices for […]

No section 271C penalty for non-deduction of TDS on LTA

June 30, 2020 1020 Views 0 comment Print

The issue under consideration is whether the AO is correct in levying penalty u/s 271C of the Act for non-deduction of tax at source on Leave Travel Allowance?

Puja Expenses for Smooth functioning of Business allowable

June 30, 2020 5898 Views 0 comment Print

It is noted that the assessee is into the business of truck plying in North-East States and it is common knowledge that the drivers and cleaners before they start their journey on their trucks conduct puja of the God they believe and they incur expenses for buying garlands, bhog etc. for safe and smooth running of the vehicle while they go to the pre-destined location which are located in the remote areas of Assam, Meghalaya and Mizoram to deliver/collect goods. The expenses thus it is noted are incurred by the assessee for puja is for the smooth functioning of the business of transport as discussed cannot be disallowed.

Books cannot be rejected for mere non-Maintenance of Stock Register or for adoption of incorrect method of stock valuation

June 30, 2020 5202 Views 0 comment Print

Paramount Impex Vs ACIT (ITAT Chandigarh) we are not in agreement with the Revenue that the non maintenance of stock register was sufficient for exercising the power of rejecting the books of the assessee. It is not unusual for businesses dealing in large number of small items and operating at a small or medium scale […]

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