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Disallowance cannot be made U/s. 40(a)(ia) for Short Deduction of TDS

Income Tax : S. 40(a)(ia) can be invoked only when the two conditions, namely, that tax is deductible at source and such tax has not been deduc...

July 4, 2015 7642 Views 0 comment Print

Estimation of income without any basis by Assessing Officer is not valid

Income Tax : The contention of the assessee was that the AO framed the assessment arbitrarily on the basis of assessment order for the assessme...

July 3, 2015 3219 Views 0 comment Print

Disallowance U/s. 14A cannot be made if Assesseee suo motto disallowed the expenses in excess of working U/s. 14A r.w. Rule 8D

Income Tax : After hearing the rival contentions, ITAT held that that the disallowance made by the assessee, is in excess to the disallowance w...

July 2, 2015 1309 Views 0 comment Print

Mere Entries found in third party books are not binding on Assessee

Income Tax : Entries found in third party books are not binding on the assessee solely on the basis of information received from the investigat...

July 1, 2015 4016 Views 0 comment Print

Appeals should Not Be Filed in Cases Where Tax Effect not Exceeds Monetary Limits

Income Tax : The contention of the assessee was that the tax effect in this appeal is less than Rs.4,00,000/-, therefore, the department ought ...

July 1, 2015 519 Views 0 comment Print


Latest Posts in Bhuvaneswari.S

Disallowance cannot be made U/s. 40(a)(ia) for Short Deduction of TDS

July 4, 2015 7642 Views 0 comment Print

S. 40(a)(ia) can be invoked only when the two conditions, namely, that tax is deductible at source and such tax has not been deducted is satisfied. Where tax is deducted by the assessee under a wrong provision of TDS and there is a shortfall, s.40 (a) (ia) disallowance cannot be made.

Estimation of income without any basis by Assessing Officer is not valid

July 3, 2015 3219 Views 0 comment Print

The contention of the assessee was that the AO framed the assessment arbitrarily on the basis of assessment order for the assessment year 2002-03 which was set aside by the ITAT in ITA No. 326/Del./2007 vide order dated 25.7.2008.

Disallowance U/s. 14A cannot be made if Assesseee suo motto disallowed the expenses in excess of working U/s. 14A r.w. Rule 8D

July 2, 2015 1309 Views 0 comment Print

After hearing the rival contentions, ITAT held that that the disallowance made by the assessee, is in excess to the disallowance with the working under 14 A r.w.s.8 D which amounts to Rs 1,32,913. ITAT upheld the contentions of the assessee and deleted the addition.

Mere Entries found in third party books are not binding on Assessee

July 1, 2015 4016 Views 0 comment Print

Entries found in third party books are not binding on the assessee solely on the basis of information received from the investigation unless the statement of the third party was supported by any documentary evidence.

Appeals should Not Be Filed in Cases Where Tax Effect not Exceeds Monetary Limits

July 1, 2015 519 Views 0 comment Print

The contention of the assessee was that the tax effect in this appeal is less than Rs.4,00,000/-, therefore, the department ought not to have filed this appeal in view of the circular issued by the CBDT and the provisions contained in Section 268A of the Income Tax Act, 1961

Deduction of Depreciation as well of Capital Expenditure U/s. 11 In Case of Trusts not amounts to Double Deduction

June 29, 2015 2043 Views 0 comment Print

Whether CIT (Appeals) erred in directing the Assessing Officer to allow depreciation on fixed assets without appreciating the fact that the capital expenditure incurred on acquiring the assets has already been claimed as application of income u/s. 11 of the I. T. Act 1961 in the current / past years.

AO cannot decide reasonableness, commercial expediency of expenditure incurred by Assessee

June 29, 2015 10896 Views 0 comment Print

ITAT Mumbai held that the ad hoc disallowance made by the AO was not based on any scientific or logical basis. It is a fact that the books of the assessee are audited and no discrepancy was pointed out by the AO about the accounts maintained by him. Cash vouchers were supported by the documentary evidences

CIT Cannot Deny Registration of Trust U/S 12AA without Examining Activities & Objects of Trust

June 29, 2015 1039 Views 0 comment Print

According to the provisions of section 12AA of the I.T. Act, the Commissioner, on the receipt of Application for registration of a trust or institution shall (a) call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust

Order Should Be Passed after Affording Adequate Opportunity with clear findings

June 26, 2015 751 Views 0 comment Print

This is an appeal filed by assessee against the order of Ld. CIT (A) dated 18/11/2013 for the assessment year 2003-2004.The grounds of assessee was that CIT (A) did not afford the assessee sufficient time and opportunity to make necessary submission and to adduce relevant details and documents

Deduction U/s. 80I on Gross Income Is Allowed Without Excluding Deduction U/s. 80HH

June 22, 2015 2759 Views 0 comment Print

It was stated that in J.P.Tobacco Products Pvt. Ltd vs Commissioner of Income Tax; (1998)229 ITR 123, the Madhya Pradesh High Court, after noticing that sub-Section 9 of Section 80-HH was amended by Act No.30 of 1981, Section 80-HH and Section 80-I were independent and consequently

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