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TDS not deductible on TIP received from guests and distributed among employees

June 4, 2018 795 Views 0 comment Print

The above two appeals filed by the assessee are directed against the order dated 30.04.2005 passed by CIT(A)-41, New Delhi confirming the order passed by the Assessing Officer u/s 201 (1) and 201 (1A) of the I. T. Act for the A.Y. 2011-12.

Job Work Charges from Eligible Unit eligible for deduction u/ s. 80IC

June 4, 2018 1446 Views 0 comment Print

DCIT Vs M/s Dynamic Transmission Limited (ITAT Delhi) With regard to addition of Rs. 63,66,574/- on account of job work charges u/s. 80IC of the I.T. Act, 1961 is concerned, we note that the AO has observed that deduction u/s. 80IC is available only in respect of articles or things manufactured by itself in its […]

Cash Payments not claimed as expenditure cannot be disallowed U/s. 40A(3)

June 4, 2018 1890 Views 0 comment Print

Question of disallowance under section 40A(3) would not arise, where assessee had not claimed the payments as expenditure, while computing its business income.

Deemed Registration if CIT fails to dispose off sec. 12AA application within 6 months

June 4, 2018 2658 Views 0 comment Print

Visvesvaraya Technological University Vs CIT (Exemptions) (ITAT Bangalore) Assessee has moved an application for registration under section 12A on 25.05.1999, but this application was not disposed of by the CIT and it was kept pending and assessee was persuaded by the Revenue to file another application for registration. Vide letter dated 2 1.01.2002, the assessee has also […]

Assessment framed u/s 158BC was void ab initio if notice U/s. 143(2) was not issued

June 4, 2018 885 Views 0 comment Print

Shri Ashok Kumar Aggarwal Vs ACIT (ITAT Delhi) AO repudiates the return filed u/s 1 58BC (a) of the Act and proceeds to make an enquiry, he has to necessarily follow the provisions of section 142, 143(2) and 143(3) of the Act. In the case before us, the Department has not been able to negate […]

LTCG on slump sale can be set off against unabsorbed brought forward business loss

June 4, 2018 5019 Views 0 comment Print

Gouranga Cement Pvt. Ltd. Vs DCIT (ITAT Kolkata) We have heard the rival contentions and perused the material available on record. In the instant case the assessee has shown business income of ₹13,36,761/- and LTCG income of ₹86,30,498/- only. Besides the above assessee has shown unabsorbed brought forward business loss of ₹16,64,542/- which was set […]

Entire purchases cannot be treated as bogus for mere non-production of dealers

June 3, 2018 1593 Views 0 comment Print

Simply because the assessee could not produce the dealers, the entire purchases could not be treated as bogus purchases as AO could have made further investigations to ascertain the genuineness of the transactions.

No Penalty under section 271(1)(c) if Addition on estimate basis

June 3, 2018 20379 Views 0 comment Print

When income of assessee was determined on estimation basis of net profit, then no penalty under section 271(1)(c) could be imposed for concealment and furnishing inaccurate particulars.

Mere transfer of some of its customers and business leads to its subsidiary by a company not amount to Slump Sale

June 3, 2018 2379 Views 0 comment Print

L&T Finance Ltd. Vs DCIT ( ITAT Mumbai) We have given a thoughtful consideration to the facts of the case and are of the considered view that ‘Slump sale’ as defined in section 2(42C) means the transfer of one or more undertakings as a result of the sale for a lump sum consideration, without values […]

Tribunal Registrar cannot consider and decide on applications for condonation of delay

June 3, 2018 735 Views 0 comment Print

While hearing the appeal, we observed that the Registrar has heard this preliminary issue of condoning the delay and passed order on 8.3.3018 condoning the delay. The power of condoning the delay is with the Court/Tribunal under the Limitation Act as well as u/s. 253(5) r.w.s. 252(1) of the Income Tax Act.

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