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ITAT Hyderabad

Mere non-production of proof for dispatch of documents does not entail disallowance

August 26, 2015 976 Views 0 comment Print

In the cited case, ITAT inter-alia held that the appellant failed to produce proof in support of dispatch of Form 15H to the CIT, this by itself does not entail any addition. It was only technical breach of law and the act provides for separate penal provisions for such default.

In respect of Non-rural advances both provision and bad debts actually written off are allowable simultaneously

August 14, 2015 1012 Views 0 comment Print

The ITAT Hyderabad in the case of State Bank of Hyderabad vs. DCIT held that the proviso to section 36(1)(vii) applies to bad debts written off relating to rural advances, the same cannot be applied for disallowing deduction claimed on account of write off of bad and doubtful debts relating to non-rural/urban advances.

AO cannot go beyond the directions/ orders of CIT (A) while working under the order

August 13, 2015 1283 Views 0 comment Print

In this case AO made certain addition being disagreed from the submissions of the assessee. Being aggrieved from the assessment order assessee filed appeal before CIT (A). After considering submissions of the assessee and noticing that the provisions of Section 14A has to be invoked

Amount advanced for supply Material/Labour cannot be treated as deemed dividend U/s. 2(22)(e)

August 12, 2015 1076 Views 0 comment Print

In the case of Smt. Uppala Rajani Vs. DCIT Hyderabad Bench of ITAT have held that the amount advanced for business transaction between parties regarding supply of material and labour, are not such to fall within the definition of ‘deemed dividend’ under S.2(22)(e).

Revenue cannot be aggregated for determining ALP of software development services for two different sectors

August 12, 2015 675 Views 0 comment Print

ITAT Hyderabad held In the case of M/s. OSI Systems Pvt. Ltd. vs. DCIT that it may be a fact that software development services is a very wide term and takes within its ambit, whole software development services.

Assessee making periodically RBI approved royalty payments to its AE, TPO not justified in determining ALP at Nil

August 7, 2015 741 Views 0 comment Print

The assessee-company was engaged in the business of manufacture of pre-engineered building system products. During relevant year, assessee entered into international transactions with its AE situated in Kuwait.

Section 68 can’t be invoked if Transactions made are through proper Banking Channel & Assessee proves Identity & Genuineness

August 4, 2015 1483 Views 0 comment Print

In the present case there were the three issues which were decided by the Hon’ble Tribunal where it was held that whenever the transactions have been made through proper banking channel, then invocation of section 68 will not be valid.

Charitable activities cannot be held as business merely due to charge of fee for rendering services

June 30, 2015 1078 Views 0 comment Print

The object and activities of the assessee were entrusted to it by RBI as a part of its supervisory role over the bank in India. Revenue doubted that assessee is engaged in commercial activities and hence proviso of section 2 (15) was applicable to the case of assessee and hence not eligible for exemption u/s 11.

Genuine expenditure paid in cash cannot be disallowed u/s 40A(3)

June 26, 2015 5502 Views 0 comment Print

Whether expenditure paid in cash, which is not disallowed u/s 37 (1), can be disallowed under section 40A(3). Whether provision of section 54F are applicable where nature of property turned into commercial purpose.

Penalty proceedings can’t be initiated when there is reasonable cause of not complying with section 269S

June 17, 2015 1235 Views 0 comment Print

During the course of the assessment proceedings, it was noticed that the assessee had received a loan of Rs.30.00 lakhs in cash on 10.05.2009 thereby violating the provisions of section 269S of the I.T. Act. Accordingly, penalty notice u/s 271D of the I.T. Act was issued to the assessee on 25.04.2013 which was duly served on the assessee.

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