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All ITAT

No disallowance of Interest on borrowed capital for Interest free advances if Sufficient own funds available

April 22, 2019 3747 Views 0 comment Print

Where assessee made interest free advances out of interest free own funds available with it, no disallowance of deduction under section 36(1)(iii) was called for.

No Penalty U/s. 271(1)(c ) for human error with no willful concealment

April 19, 2019 2895 Views 0 comment Print

Jefferris India Pvt. Ltd. Vs. ACIT (ITAT Mumbai) When there was no willful concealment and mistake involved human error, penalty under section 271(1)(c ) deleted

Basic administrative expenses incurred after setting up but before commencement of business allowable

April 18, 2019 3738 Views 0 comment Print

 Assessee having already set up its business was eligible to claim basic administrative expenditure as business expenditure though business operations were commenced in the subsequent year.

Company cannot be treated as comparable due to unreliability of its financial data

April 18, 2019 1419 Views 0 comment Print

As regards comparability of Maple e–solutions Ltd., it has now been well settled through various judicial precedents that this company cannot be treated as comparable due to unreliability of its financial data.

Section 254(2) Non-consideration of decisions is mistake apparent from law

April 18, 2019 5943 Views 0 comment Print

M/s. Ushodaya Enterprises Private Ltd Vs Addl. CIT (TDS) (ITAT Hyderabad) We have perused the order of the Tribunal and find that in Para 8 of the order, the Tribunal has considered the applicability of sub-section (3) of section 201(1) also to 201(1A) and has clearly held that sub section (3) refers only to an […]

No Transfer on mere appointment of Power of Attorney for property

April 18, 2019 2106 Views 0 comment Print

Sh. Gurdev Singh Vs ITO (ITAT Amritsar) Smt. Harsharan Kaur was 73 years old lady at the relevant time. Therefore, she gave Power of Attorney to the assessee since she could not maintain the property. It was further submitted that within one year from the date of general Power of Attorney, the assessee gave the […]

ITAT confirms addition for gold jewellery after giving relief as per CBDT Circular

April 17, 2019 1131 Views 0 comment Print

Smt. Archana Agrawal Vs DCIT (ITAT Indore) During the course of search gold jewellery was found and seized from the residence and bank locker owned by the assessee. Gold jewellery weighing 2027 gram was found (1127 gram from residence and 900 gram from locker No.12/29). The assessee was unable to explain the source of the […]

ITAT condones Appeal filing delay due to fault of CA

April 17, 2019 1404 Views 0 comment Print

Akshay Jain Vs DCIT (ITAT Delhi) Appeal of the assessee is barred by limitation by 12 days for which the assessee has filed an application for condonation of delay stating that after receiving of the order of the ld. CIT (A) on 22.03.2018, assessee has duly handed over the same to his Chartered Accountant, Shri […]

Transfer Pricing Case Analysis on Inclusion / Exclusion of comparables

April 17, 2019 4518 Views 0 comment Print

Beam Global Spirits & Wine (India) Pvt. Ltd. Vs. DCIT (ITAT Delhi) Brief of assessee’s facts: 1. Beam India (the assessee), a wholly owned subsidiary of Beam USA, was engaged in the production and sale of alcoholic beverages in India. 2. During AY 2008-09, the assessee entered following ITs with its AE along with outcome […]

CIT(A) cannot permit an assessee to withdraw an appeal or dismiss it in limine

April 16, 2019 14265 Views 0 comment Print

Ms Deekay Gears Vs ACIT (ITAT Mumbai) Undisputedly, in the course of proceedings before the first appellate authority the assessee had filed letter dated 19thSeptember 2017, seeking withdrawal of the appeal. Taking note of the said letter, learned Commissioner (Appeals) dismissed assessee’s appeal in limine without deciding it on merit. Therefore, the issue which arises […]

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