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ITAT Ahmedabad

Payment of transaction charges allowable as business expense in commodity business

November 14, 2018 816 Views 0 comment Print

Transaction charges paid to National Multi Commodity Exchange of India (NMCE) was clearly in the course of commodity business and thus, assessee was entitled to claim such expenditure as ‘business expenditure’.

Interest income from money lending activities is business income despite non-registration of assessee as NBFC

November 2, 2018 22248 Views 0 comment Print

Interest income earned by assessee engaged in money lending in a systematic manner had to be taxed as business income in spite of the fact that assessee was not having registration with RBI as NBFC.

Loss incurred on derivative transactions allowable as business loss

October 31, 2018 12165 Views 0 comment Print

Since loss arising from derivative transactions were excluded from being regarded as speculative business under section 43(5)(d) as per Explanation to section 73, therefore, the loss incurred on account of derivatives was business loss and allowed to be set off against business income.

Travel expenses for seminar conducted abroad for medical practitioners with financial aid of Pharmaceuticals Company allowable

October 26, 2018 1965 Views 0 comment Print

Travelling expenses incurred on seminar conducted in abroad by assessee-company with the financial aid of the pharmaceuticals company was justified as the same did not give any scope to treat the same for the purpose other than the business of assessee-company so far it related to the medical practitioners.

Validity of exclusive method of accounting for valuing closing stock

October 17, 2018 6852 Views 0 comment Print

Assessee was justified in following exclusive method of accounting for valuation of closing stock as entire exercise was tax neutral and there was no impact on the profitability of assessee due to method of accounting followed. 

NSEL scam bad debts: ITAT to ensure that effective inquiry is carried out by AO

October 16, 2018 3207 Views 0 comment Print

Omni Lens Pvt. Ltd Vs DCIT (ITAT Ahmedabad) Where the AO failed to discharge its obligation to conduct a proper inquiry to take the matter to logical conclusion, it is also the obligation of the first appellate authority and indeed that of ITAT to have ensured that effective inquiry is carried out on the subject […]

Deduction u/s 10B allowable based on approval from STPI despite non-ratification by Board

October 3, 2018 2319 Views 0 comment Print

Deduction under section 10B could not be denied on the ground that the approval of STPI units of the assessee was not ratified by the Board of approvals as mandated u/s 10B.

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 […]

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 […]

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