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Section 10AA deduction eligible on voluntary transfer pricing adjustment

May 20, 2020 2832 Views 0 comment Print

The issue under consideration is whether the officer is correct in rejecting claim for deduction u/s 10AA of the Act on the amount of transfer pricing adjustment voluntarily made by the assessee?

Reduction in price of stock-in-trade while computing business income allowable

May 19, 2020 2556 Views 0 comment Print

ACIT Vs PNB Gilts Ltd. (ITAT Delhi) The issue under consideration is whether diminution or reduction in price of the stock-in-trade can be allowed while computing business income? In the given case, the assessee, PNB Gilts Ltd is a Non-Banking Financial Company (NBFC), filed its return of income declaring total income. The return of income […]

Appeal not filed by counsel: ITAT condones delay of 125 days

May 19, 2020 795 Views 0 comment Print

B. M. Sarin Vs ACIT (ITAT Delhi) The appeal filed before us is delayed by 125 days. The assessee received the order of the ld CIT(A) on 15.09.2018, however, the appeal was filed on 18.12.2019. The assessee preferred request for condonation of delay stating that when the order of the ld CIT(A) was received, the […]

Re-Assessment justified against former Cricketer Srikanth

May 19, 2020 2274 Views 0 comment Print

Reassessment was justified by the income tax department against former Indian Cricket Team Captain Krishnamachari Srikanth and non compete fee of Rs. 7.50 crores was exempt from tax being capital receipt;

Capital Gain tax payable on sale consideration receipt despite Release Deed at a later date

May 19, 2020 6072 Views 0 comment Print

Shri I. Seshagiri Rao Vs ITO (ITAT Hyderabad) The issue under consideration is whether the capital gains will be applicable where assessee signed a release deed waiving all his rights, title and interests in the property? During the assessment, the A.O. found that the assessee had entered into a release deed and also a supplementary […]

No addition for TP Adjustment towards interest on debentures invested in AE

May 19, 2020 3582 Views 0 comment Print

Gurgaon Investment Ltd. Vs DDIT (ITAT Mumbai) The issue under consideration is whether addition made on account of Transfer Pricing Adjustment towards interest on debentures invested in the Associated Enterprise (AE) Vital Construction Pvt. Ltd. (VCPL) is justified or not? Assessee, a non-resident company incorporated in Mauritius. Through one of its AEs based in Mauritius […]

No Section 194H TDS on discounts on prepaid SIM Cards or Talktime 

May 18, 2020 2049 Views 0 comment Print

The issue under consideration is whether TDS u/s 194H is applicable on discounts allowed for prepaid SIM Cards/ Talktime as distributor margin?

No addition for suppressed receipts in case AO failed to consider revised return of income

May 17, 2020 1878 Views 0 comment Print

Since AO had not considered revised return of income which was filed within prescribed period of limitation for the difference between income disclosed in return and total receipts as per Form 26AS, therefore, the matter was remanded back to AO with direction to verify the fact and grant relief to assessee in accordance with law.

Depreciation on golf course- Plant & Machinery or Land & Building

May 17, 2020 3531 Views 0 comment Print

Landbase India Ltd. Vs. ACIT (ITAT Delhi) Depreciation on the golf course – Whether depreciation should be allowed considering it as ‘plant and machinery or land or building. Matter: 1. Applicable Rate of Depreciation on Gulf course.  Facts of the case 2. The Assessee is a company engaged in the business of operation of golf […]

No section 68 addition as AO not disputed vortex of evidences furnished by assessee

May 17, 2020 972 Views 0 comment Print

Since neither AO conducted any enquiry nor had brought any clinching evidences to disprove the evidences produced by assessee and assessee had furnished all details including bank statement, share brokers note, ledger account copies, share certificates, in support of purchase and sale of shares and mode of payment and receipts of proceeds thus, no addition could be made under section 68 as AO had merely relied on investigation wing report without disputing vortex of evidences furnished by assessee.

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