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Section 14A applies to share of profit from partnership firm

June 6, 2020 8805 Views 0 comment Print

The issue under consideration is whether Section 14A will be applicable on Profit sharing from Partnership Firm, which is exempt in the hands of partners?

No Section 271AAB Penalty on Income voluntarily admitted during Search

June 6, 2020 2121 Views 0 comment Print

The issue under consideration is whether the penalty levied u/s 271AAB of the Act is justified on Income voluntarily admitted during Search by Appellant?

High rate Depreciation Not allowed on vehicles used for Advertisement

June 5, 2020 780 Views 0 comment Print

Whether the higher rate of depreciation can be granted to the vehicles used for the display of advertisement under the provisions of the Income Tax Act, 1961.

ill-health of responsible person is genuine reason for delay in appeal filing

June 5, 2020 4749 Views 0 comment Print

The issue under consideration is whether condonation of delay in filing of the appeal granted for the reason of ill-health of director responsible for decision making?

Waiver of Working Capital Loan Taxable u/s 28(iv) and not u/s 41(1)

June 5, 2020 6048 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in deleting the addition made by AO u/s 41(1) for waiver of working capital loan and charge it u/s 28 of the Act?

No TDS u/s 194H for Prepaid SIM & 194J for Roaming Charges

June 5, 2020 4458 Views 0 comment Print

AO considered assessee as assessee in default in respect of non-deduction of TDS under Section 194H and 194J of the Act on payment of commission and fees for professional or technical services and passed an order under Section 201(1) & 201(1A) of the Act.

Depreciation not allowed on Leasehold Rights as same is not Intangible Assets

June 5, 2020 38313 Views 0 comment Print

The issue under consideration is whether the leasehold rights is considered as intangible assets and hence eligible for depreciation under section 32(1)(ii)? ITAT hold that the lease hold rights are not eligible for depreciation u/s.32(1)(ii) of the Act considering it as intangible rights and, accordingly, dismiss the ground of appeal of the assessee.

Explained Jewellery will not form part of Jewellery allowed by CBDT Circular

June 4, 2020 1947 Views 0 comment Print

N. Roja Vs ACIT (ITAT Cuttack) We find that the AO made addition on account of unexplained investment in gold and jewellery of 2417.290 grams as found and seized during the course of search in the residential premises and the Locker No.75/4 & 145/2 of the assessee at Indian Overseas Bank, Rayagada. During the course […]

Section 143(2) Notice to Erstwhile Non-Existent Partnership Firm is Void-ab-Initio

June 4, 2020 2190 Views 0 comment Print

The issue under consideration is whether AO is correct in issuing notice u/s 143(2) in the name of erstwhile partnership firm which was a non-existent entity at that point of time?

Where own funds exceeds investment, no disallowance of interest can be made u/s 14A

June 4, 2020 1416 Views 0 comment Print

Gujarat State Energy Generation Ltd. Vs ACIT (ITAT Ahmedabad) Held that if the assessee can demonstrate the availability of surplus interest free funds for making investments that are generating tax free income, disallowance under Section 14A of the Act would not be justified. In this case, the own fund of the assessee exceeds the amount […]

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