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ITAT Lucknow

TCS not applicable on Scrap generated from Trading Activities

July 10, 2020 25467 Views 1 comment Print

The issue under consideration is whether the TCS u/s 206C at 1% will be applicable on sale of scrap not generated out of manufacturing activities?

Ex-parte order for non-attendance during lockdown is unjustified

July 1, 2020 2106 Views 0 comment Print

Uttar Pradesh Water Supply and Sanitation Mission Vs ACIT (ITAT Lucknow) Passing ex-parte order when assessee could not attend the proceedings due to lockdown is not justified in law. Since Ministry of Home Affairs, Government of India, vide letter dated 24th March, 2020 had issued directions for stopping of the work of all offices for […]

ITAT stays tax demand because the assessee has a prima facie case in its favour

February 26, 2020 909 Views 0 comment Print

Lucknow Development Authority Vs ACIT (ITAT Lucknow) 2012-13, 2013-14, 2014-15, 2015-16 & 2016-17 Therefore, at the end ITAT approved to stay the outstanding demand for a period of six months from the date of this order or till disposal of the appeals, whichever is earlier, provided the assessee deposits the above noted amounts within the […]

Approval of PCIT mandatory to convert Limited Scrutiny to a Complete Scrutiny

November 8, 2019 3327 Views 0 comment Print

Jurisdiction of the Assessing Officer while making assessments in Limited Scrutiny cases, by initiating inquiries on new issues has to comply with mandatory requirements of the relevant CBDT Instructions dated 09.2014, 29.12.2015 and 14.07.2016, i.e. the approval of the PCIT.

Warehouse Sub-Letting Rent cannot be taxed as ‘income from house property’

June 19, 2019 2055 Views 0 comment Print

There are two pre-conditions for charging the income as income from house property under section 22 of the Act. Firstly, the assessee must be the owner of the property. Also, the property must not be occupied by the assessee for the purposes of his business or In other words, the property should be a residential property.

Section 80G approval cannot be rejected on the ground that society is not engaged in charitable activities

June 16, 2019 4206 Views 0 comment Print

Shiv Raj Sharma Shiksha Samiti Bilaspur Vs CIT (ITAT Lucknow) It is well settled position of law that at the time of granting approval under Section 80G of the Act, what is to be examined is the object of the trust and so far as the aspect of income is concerned, the same can be […]

TDS U/s. 194C deductible on AMC for repairs/maintenance of computers

May 26, 2019 245370 Views 0 comment Print

Expenditure on account of AMC for repairs and maintenance of computers installed at assessee’s office premises were payments of contractual nature without involving any technical or professional skill or knowledge. Therefore, TDS was rightly deducted by assessee under section 194C, instead of 194J.

No addition on mere frequent withdrawal and deposit of own money

February 26, 2019 13782 Views 0 comment Print

Addition made by AO merely on the ground that assessee made frequent withdrawal and deposit of his own money was not justified as the same was not prohibited under any law.

Fresh additions cannot be made in assessment due to revisional order u/s 263

January 18, 2019 2529 Views 0 comment Print

While framing of assessment in pursuance of revisional order passed under section 263, AO was entitled to consider only those items which had been considered by CIT and was not entitled to consider any other item afresh for making addition.

No Default if TDS been deducted & Paid as per Certificate issue U/s. 197

October 23, 2018 2307 Views 0 comment Print

M/s Kribhco Shyam Fertilizers Ltd. Vs ITO (TDS) (ITAT Luknow) On general reading of provisions of section 197 of the Act, it authorizes the Assessing Officer to prescribe deduction of TDS at any lower rate provided the facts and circumstances justify such deduction. Clause (2) of section 197 of the Act further states that when […]

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