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POA holder is authorised to sign appeal form of Foreign Company

May 30, 2020 2937 Views 0 comment Print

The form of appeal shall be verified by the person who is authorised to verify the return of income under section 140 of the act as applicable to the assessee. According to the provisions of section 140(c) of the act, the first proviso says that where company is not a resident in India, the return may be verified by a person who holds a valid power of attorney (POA) from such company to do so.

Section 43B Not Applicable on RTO Registration Fees collected from Customers 

May 30, 2020 5973 Views 0 comment Print

The issue under consideration is regarding applicability of provision of section 43B on the registration fees collected from the customers on sale of the vehicles?

Stamp Duty & Registration charges for execution of Lease Deed allowable

May 30, 2020 12879 Views 0 comment Print

The issue under consideration is whether A.O. is correct in disallowing claim of stamp duty and registration charges by considering it as capital expenditure?

Deduction u/s 35(2AB) can’t denied, merely because of no approval of expenditure

May 29, 2020 7485 Views 0 comment Print

Once R&D facility has been recognized by competent authority, then deductions provided u/s 35(2AB) cannot be denied, merely for the reason that approval of expenditure for impugned year in prescribed form has not been received from competent authority.

Non filing of return | Section 44AD | Application of 8% Rate by AO justified

May 29, 2020 3273 Views 0 comment Print

The assessee company was in the business of Sale and Service of CCTV cameras and other security equipment’s. Total receipts for the year under consideration was Rs. 3,54,30,497/- and still they have not filed return under income tax.

Inability to reply email notices due to computer illiteracy is genuine reason

May 29, 2020 3582 Views 0 comment Print

In the given case, the Karta of the HUF, Mr. BM Sarin is more than 70 years old and has closed his business. The notices were sent through emails but the assessee being a senior citizen could not look into those emails.

Section 69A Addition based on deposits in bank by ignoring withdrawals was not justified

May 29, 2020 9045 Views 0 comment Print

ITAT Delhi ruling on cash deposit issue. Assessing Section 69A addition to the assessee’s income. Understanding the ITAT judgment and its impact.

AO cannot issue fresh notice when proceedings on a previous section 148 notice still pending

May 29, 2020 3438 Views 0 comment Print

DCIT Vs Coal India Ltd (ITAT Kolkata) Section 148 of the Act does not authorize the AO to issue fresh notice when proceedings on a previous notice u/s. 148 of the Act are still pending and have not been finally disposed of. Similar view was taken by the Hon’ble Allahabad High Court in Commercial Art […]

Section 68: Sales declared as Income in books cannot be treated as cash credit

May 29, 2020 5946 Views 0 comment Print

ITAT states that the assessee has disclosed the sale of shares in its books of account. Once the sale is declared as income by the assessee, the question of treating the same amount as a cash credit u/s 68 of the Act results in double addition. Thus, the addition is also bad on merits. Hence, the appeal of the assessee is allowed.

FMV determination without giving opportunity of being heard to Assessee is Unjustified

May 29, 2020 963 Views 0 comment Print

The issue under consideration is whether Fair Market Value of property determined without giving access to the DVO’s report to Assessee and without considering the Assessee’s objections is justified in law?

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