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Amendment to Section 40(a)(ia) restricting disallowance to 30% is retrospective

June 24, 2020 8541 Views 1 comment Print

Muradul Haque Vs ITO (ITAT Delhi) Finance (No.2) Act has made amendment to section 40(a)(ia) of the Act w.e.f. 01.04.2015. Various benches of the Tribunals including the Delhi Benches of the Tribunal, have held the amendment made by Finance (No 2) Act to be curative in nature. We further finds the coordinate bench of the […]

Section 234E late fees leviable despite existence of reasonable cause

June 24, 2020 4338 Views 0 comment Print

Government Secondary School Principal Officer Vs ACIT (ITAT Jaipur) The issue under consideration is whether the late filing fees u/s 234E can be deleted if there is a ‘reasonable cause’ for such default? In the present case, the assessee is the Principal of Secondary School and responsible for deducting tax at source, depositing the same […]

If Interest Free Funds available it presumed that Investments made from that Available Funds

June 24, 2020 948 Views 0 comment Print

Whether the disallowance of Interest u/s 36(1)(iii) is justified in law? If interest free funds available it presumed that Investments made from that available funds.

No conversion from limited to complete scrutiny on mere suspicion 

June 24, 2020 1683 Views 0 comment Print

The issue under consideration whether conversion of the case from limited scrutiny to complete scrutiny is justified in law?

Section 14A Disallowance cannot exceed Exempt Income

June 24, 2020 6921 Views 0 comment Print

The window for disallowance is indicated in section 14A and is only to the extent of disallowing expenditure incurred by the assessee in relation to tax exempt income.

No Adjournment in absence of ‘Vakalatnama’ based on Principle of Natural Justice

June 24, 2020 2451 Views 0 comment Print

Adjournment can be granted in the absence of ‘Vakalatnama’ based on Principle of Natural Justice. Therefore, all the Misc. Applications of the assessee are allowed.

Section 10(23C) application Can’t be Rejected merely for Surplus generation

June 24, 2020 1443 Views 0 comment Print

whether rejection of approval u/s 10(23C) on the allegation of institution existing not solely for the purpose of education but for the purpose of profit is justified in law?

Year of taxability of unutilised portion of capital gains- Section 54/54F

June 23, 2020 5766 Views 0 comment Print

Deepak Bhardwaj Vs ITO (ITAT Delhi) Only question that arises for our consideration is whether the unutilised portion of capital gains is liable for tax either in the year in which such long term capital gains arose or in the year in which the period of 3 years for such utilisation expires. Under identical facts […]

Reimbursement of Audit fees to foreign parent company: Taxable

June 23, 2020 3537 Views 0 comment Print

SPX India Pvt. Ltd. Vs CIT (ITAT Delhi) Tax was required to be deducted at source on share of ISO audit expenses paid to foreign parent company, as element of income was embedded in receipt of auditor.  FULL TEXT OF THE ITAT JUDGEMENT Assessee is in appeal before us against the order of ld. CIT […]

Reimbursement of technical expenses-Cost Allocation: Non-Taxable

June 23, 2020 2472 Views 0 comment Print

Bureau Veritas-Indian Division Vs ADIT (ITAT Mumbai) Technical expenses allocated by head office to assessee-Indian division was in nature of reimbursement of technical expenses to head office and not on account of any specific technical services having been ‘made available’ and, therefore, such amount could not be brought to tax in hands of assessee under […]

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