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Section 35D benefit once granted in initial year cannot be denied in subsequent years

June 10, 2020 1356 Views 0 comment Print

Once the claim under section 35D of the Act was accepted in the initial year i.e. AY 1995-96, then the clock had started running in favour of the assessee which was to continue for the entire period of ten years and the benefit once granted in the initial year could not be denied in the subsequent years.

No section 12AA registration denial for mere non-filing of IT return

June 10, 2020 1203 Views 0 comment Print

The issue under consideration is whether the CIT(E) is correct in rejecting the Application for grant of registration u/s 12AA for mere non-filing of Income Tax Return?

No addition for duly reconciled stock discrepancy which was noticed during survey

June 10, 2020 2349 Views 0 comment Print

Shri Babulal Vani Vs ACIT (ITAT Indore) The issue under consideration is if the assessee is in a position to reconcile the discrepancy raised under survey with positive material,then, the A.O. should give relief to the assessee or not? In the present case, the assessee is an individual engaged in the business of grain, cotton, […]

Section 10(34) Exemption w/o disallowing expenses u/s 14A for Insurance Co.

June 10, 2020 1473 Views 0 comment Print

Max Life Insurance Company Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether assessee is liable for exemption u/s 10(34) of the Act without disallowing any expenditure under section 14A? ITAT noted that this issue is duly covered by decision of Mumbai Bench of this Tribunal in case of ICICI Prudential Insurance Co. […]

No Disallowance U/s. 40(a)(ia) if retainer-ship expense shown by recipient in their return

June 10, 2020 5202 Views 0 comment Print

The issue under consideration is whether A.O. is correct in disallowing the expense of retainership debited in P & L on the basis of non deduction of TDS u/s 194C when the Same was shown as salary by recipient in their Income Tax return?

Section 115BBE not applies if no Section 69 addition for undisclosed investments during Assessment

June 9, 2020 7914 Views 0 comment Print

whether CIT(A) is justified in quashing the action of the AO u/s 154 in applying provision of section 115BBE on undisclosed investment surrendered during the course of survey proceedings?

If section 69 not invoked by AO in Order u/s 143(3) then section 115BBE can’t invoked for rectification u/s 154

June 9, 2020 2583 Views 0 comment Print

whether CIT(A) is justified in quashing the action of the AO u/s 154 of the Act in applying provision of section 115BBE of the IT Act on undisclosed investment surrendered during the course of survey proceedings?

Income-Tax Payment made by Assessee is Application of Income & it is Eligible for Deduction u/s 11

June 9, 2020 4014 Views 0 comment Print

The issue under consideration is whether the Income-tax payment made by assessee is an application of income and will be eligible for deduction u/s 11?

ITAT remands back matter to CIT(A) for not adjudicating the ground raised properly

June 9, 2020 849 Views 0 comment Print

TAT states that the order passed by CIT(A) is not clear in as much way the ld. CIT(A) has given a general direction without having regard to the factual aspects of ‘receipts and expenditure’ relating to exhibitions presented before ITAT. A clear cut direction from ld. CIT(A) in this regard would be helpful to both the assessee and the AO.

Section 56(2)(vii)(b) cannot be Invoked in case of Agricultural Land

June 8, 2020 4563 Views 0 comment Print

The issue under consideration is whether the provisions of section 56(2)(vii)(b) can be invoked in case of agricultural land where it doesn’t qualify as falling in the definition of capital asset?

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