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All ITAT

Delay in filing appeal with ITAT due to time barring assessment work not acceptable

August 9, 2018 1752 Views 0 comment Print

It is simply stated in the application for condonation of delay that due to time barring assessment, the impugned order was overlooked and got barred by limitation.

Interest on Income tax refund cannot be taxed if same is withdrawn subsequently

August 9, 2018 2136 Views 0 comment Print

Lal Nathirmal Moolchandani Vs ITO (ITAT Mumbai) We find that the assessee has received an interest on refund for assessment year 2009-10 in the present assessment year on 31.03.2011. The said cheque was encashed subsequently. Subsequently, vide assessment order passed u/s. 143(3) on 08.12.2011 for the same assessment year a total demand of Rs.24,67,560/- was […]

Penalty for Delay in Filing TDS Statement- Non-Availability of Staff not a valid defence

August 9, 2018 1122 Views 0 comment Print

Moreover, the change /lack of staff with the assessee-organization is not found substantiated by any evidence on record and such a reason, in our considered opinion, does not constitute to be a reasonable cause to file the TDS statements with such an inordinate delay.

Provision for warranty expenses should be reliable: Apple India case

August 8, 2018 3558 Views 0 comment Print

ITAT opined that the assessee derived advantage by deferring its income to the extent of excess warranty provision to subsequent years. Therefore, such excess provision cannot be allowed as a deduction as it cannot be said to be reliable.

Interest for TDS Default levied on Buyer of Property even if NRI Seller Already Paid Taxes in his Return

August 8, 2018 996 Views 0 comment Print

The issue under consideration is whether interest u/s 201(1A) will be levied on assessee even if NRI seller had already paid taxes as per his return?

S. 263 CIT must show that view taken by AO is wholly unsustainable in law

August 8, 2018 1818 Views 0 comment Print

Torrent Pharmaceuticals Ltd Vs DCIT (ITAT Ahmedabad) Revisional Commissioner is expected show that the view taken by the AO is wholly unsustainable in law before embarking upon exercise of revisionary powers. The revisional powers cannot be exercised for directing a fuller inquiry to merely find out if the earlier view taken is erroneous particularly when a […]

Order passed after due examination of issue cannot be called erroneous & prejudice to interest of Revenue

August 6, 2018 1005 Views 0 comment Print

When all requisite details were already on record with supporting evidences and same were duly examined by AO, the order of AO was not erroneous and prejudice to interest of Revenue.

Expenditure incurred on software eligible for depreciation @60%

August 6, 2018 10344 Views 0 comment Print

Expenditure incurred on the software is eligible for depreciation @60%, depreciation on the block of assets of website development cost eligible @ 60%: Re: appeal A.Y. 2006-07 of Make My Trip (India) Pvt. Ltd.

Compensation for Discontinuing Commodity Trading Business is Taxable U/s. 28(va)

August 3, 2018 849 Views 0 comment Print

M/s. Geojit Investment Services Limited Vs JCIT (ITAT Cochin) The assessee-company in the instant case, had received the compensation for not carrying on any activities in relation to its commodity trading business. The compensation so paid for not carrying any activity in relation to any business (commodity trading business) would be taxable going by the […]

ITAT disallowed loss on Sales made at lower rate to reduce taxable Profit

July 31, 2018 1935 Views 0 comment Print

Agarwal Global Steels Pvt. Ltd. Vs DCIT (ITAT Hyderabad) We observe that even if we consider the selling price @ 30,675.56 by M/s Gautham Rolling Mills Pvt. Ltd. and the same was purchased from the assessee @ 25,000/- per MT with tax, the difference would be Rs. 4,500/- per MT. We gave opportunity to both […]

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