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Adjusted Rental advance given for Business for Lock in period is allowable

September 19, 2018 2733 Views 0 comment Print

Understand why rental advance write-off isn’t capital loss but a business expense. ITAT Hyderabad rules in favor of Apollo Munich Health Ins. Co. Ltd.

Company Registered under Companies Act of Sikkim is to be assessed as AoP under Income Tax

September 19, 2018 9585 Views 1 comment Print

Himal Enterprise Pvt. Ltd. Vs Income Tax Officer (ITAT Kolkata) The undisputed facts of the case is that the assessee company is registered as a Private Limited Company under the Registration of Companies Act Sikkim 1961. The definition of ‘Company’ under the Income Tax Act, 1961 is given u/s 2(22A) of the Act. This definition does […]

ITAT condones delay in appeal filing due to fighting with CA

September 19, 2018 1656 Views 0 comment Print

Shri Nitesh Agarwal Vs ACIT (ITAT Jaipur) The assessee has explained the reasons for delay as attributable to the various problems on the business front, family front as well as the assessee was having some dispute with his C.A. In support of his explanation, the assessee has filed the record regarding the complaint against the […]

Applicability of TDS U/s. 194C on Payment made to truck owners

September 19, 2018 5511 Views 0 comment Print

ITO Vs Shri Anil Kumar Nevatia (ITAT Kolkata) The ld. DR vehemently argued that the assessee had used the same truck numbers for transporting its goods and hence explanation of the assessee that payments were made only to the truck drivers and that no oral or written contract was entered into with the truck owners […]

No Penalty U/s. 271(1)(c) for Bonafide Mistake committed by CA

September 19, 2018 10329 Views 0 comment Print

The Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) has held that no penalty can be initiated against the assessee under section 271(1)(c) of the Income Tax Act, 1961 for a bonafide mistake committed on the part of the Chartered Accountant.

S. 234E Late Fee cannot be imposed without passing of Speaking Order

September 17, 2018 2844 Views 0 comment Print

Origins Build-Tech Pvt Ltd Vs ACIT (ITAT Ahemdabad) adjustment in respect of levy of fees under section 234E was indeed beyond the scope of permissible adjustments contemplated under section 200A. This intimation is an appealable order under section 246A(a), and, therefore, the CIT(A) ought to have examined legality of the adjustment made under this intimation in […]

Damages received for relinquishment of right to sue is a non-taxable capital receipt

September 17, 2018 3930 Views 0 comment Print

Bhojison Infrastructure Pvt. Ltd Vs. ITO (ITAT Ahmedabad) We notice that the compensation was not received as a result of termination of advantages associated with development rights but was claimed to be received to relinquish the rights of the assessee to sue against the vendor of the land. The assessee has received the compensation amount […]

Depreciation on IPR cannot be disallowed merely for non use in Manufacturing

September 17, 2018 3243 Views 0 comment Print

CIT Vs Sinochem India co. Pvt. Ltd. (ITAT Delhi) The purchase of intellectual property rights by the assess are not disputed. Consideration paid is also not disputed. The nature and character of the intellectual property rights, as noticed in the order passed by the Commissioner of Income Tax (Appeals), are again not disputed. The intellectual […]

ITAT on Levy of late fee u/s 234E merely by processing TDS statement

September 17, 2018 3228 Views 0 comment Print

Origins Build-Tech Pvt Ltd Vs ACIT (ITAT Ahmedabad) Issue- The learned CIT(A)-8 is unjustified & erred in law by confirming the imposing of late filing levy by ACIT [CPC-TDS) of Rs.30800/- u/s 234E determined to be payable by processing TDS statement u/s 200A, without issuing show cause notice. The late fee u/s 234E is penal in nature […]

Deemed dividend provisions not applicable if Assessee is neither registered nor beneficial shareholder of payer company

September 15, 2018 2814 Views 0 comment Print

DCIT  Vs Gilbarco Veeder Root India Pvt. Ltd (ITAT Mumbai) The appellant before us is a company which has received a sum of Rs.90 crores from other concern, i.e. Portescap. The assessee-company as well as the other concern, i.e. Portescap, have common shareholders inasmuch as the entire shareholding of the assessee-company as well as that […]

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