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ITAT Ahmedabad

Matter restored back as AO determined in breach of instructions no. 15/2015

June 11, 2022 393 Views 0 comment Print

Jay Chemical Industries Ltd. Vs DCIT/ACIT (ITAT Ahmedabad) Facts- Primarily three issues involved in these cross appeals are – (i) relating to transfer pricing adjustment made on account of determination of Arm’s Length Price of the reimbursement made by the assessee to its Associate Enterprise (AE) in lieu of cost sharing agreement entered into with […]

Section 271F penalty justified for non-filing of Return despite section 148 notice

June 5, 2022 13734 Views 0 comment Print

Assessee contended that CIT(A)  erred in confirming levy of penalty under section 271F of the Income Tax Act, 1961 of Rs. 5,000 for failure to file return of income in response to the notice issued under section 148.

Section 50C not applies to Business Transactions

June 4, 2022 2862 Views 0 comment Print

ITO Vs Kanubhai M. Patel (ITAT Ahmedabad) Pune Tribunal in the case of Dilip Battu Karanjule v. ITO [2016] 74 taxmann.com 12 (Pune – Trib.) held that where assessee identified land on behalf of existing and known persons and entire money towards purchase of land had been financed by such persons to whom land was ultimately […]

Income Tax payable on mere Transfer of marketing/ distribution right

June 3, 2022 1215 Views 0 comment Print

DCIT Vs Ambalal Sarabhai Enterprises Ltd. (ITAT Ahmedabad) Facts- The assessee Company is mainly engaged in the manufacture of drugs & pharmaceuticals. The assessee Company filed ROI on 31.10.2001 declaring income from house property Rs.9,036/-, income from other sources Rs.1,25,40,914/- and business loss of Rs.10,26,63,568/-. AO made addition in respect of buying commission to Teknoserve […]

Existing hardware/software maintenance expense is revenue expense

June 3, 2022 2115 Views 0 comment Print

Expenditure on maintenance, back-up and support services to existing hardware and software is revenue in nature, and therefore allow the expenditure as revenue in nature.

Limited scrutiny- AO cannot go beyond dispute raised in section 143(2) notice

May 23, 2022 6561 Views 0 comment Print

Jurisdiction of AO in cases where section 143(2) notices issued for limited scrutiny is confined to claims AO set out in notice

Competent authority not prescribed for measurement of distance between municipal limit and agricultural land

May 17, 2022 6600 Views 0 comment Print

There is no specific authority who has been designated as being the ‘competent authority’ to measure distance between the land sold and the municipal limits.

Section 69A Additions for mere non-cooperation with dept not justified

May 11, 2022 1956 Views 0 comment Print

Revenue cannot make the additions under Section 69A for the reason that assessee has not cooperated with the department.

Deduction for disputed service tax demand eligible in year of payment

May 11, 2022 2391 Views 0 comment Print

Corrtech International Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) The Assessing Officer disallowed the claim of Service Tax on the ground that the said demand was related to earlier years and the said Service Tax liability of the assessee or the recipient was on that point of time disputed by the parties. The Assessing Officer has […]

Section 271E penalty cannot be Levied in absence of Regular Assessment

May 11, 2022 1866 Views 0 comment Print

Penalty under Section 271E is not permissible in the absence of regular assessment framed against the assessee by the Revenue.

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