ITAT Judgments - Page 30

Section 244A(1) Interest on refund of excess self-assessment tax

DCIT Vs Savita Oil Technologies Ltd. (ITAT Mumbai)

DCIT Vs Savita Oil Technologies Ltd. (ITAT Mumbai) A careful look at sub-section (1) of section 244A would reveal that it has three parts. The first part deals with the entitlement of a person to interest whenever he is due to get a refund from the Department. The second part relates to the method of […]...

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Mere Book Entries not establish Genuineness of Expenditure

Shri. P.K. Mohammed Vs The ACIT (ITAT Chennai)

Shri. P.K. Mohammed Vs. ACIT (ITAT Chennai) As regards to the allowances of discount, commission and development expenditure, no evidence were filed before us establishing the genuineness of the expenditure. Mere entries in the books of accounts does not establish the genuineness of the expenditure. The contention that profit arising on a...

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Bonus to director cannot be disallowed on mere suspicion of dividend distribution

DCIT Vs M/s BMR Business Solutions Pvt. Ltd (ITAT Delhi)

DCIT Vs M/s. BMR Business Solutions Pvt. Ltd (ITAT Delhi) The AO in the assessment order was of the view that the amount of Rs. 1.78 crores paid by the assessee to its Director Mr. Sanjay Mehta, and claimed as bonus was not allowable in view of section 36(1)(ii) of the Act because the sum […]...

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Project completion method cannot be rejected merely because ICAI guidelines prefer percentage completion method

M/s Shanti Constructions Vs ITO (ITAT Agra)

We find that the issue in question, before us, is to decide whether there is any merit in rejection of books of account of the assessee by the AO and the applicability of method of accounting in the case of the assessee i.e. project completion method of accounting as adopted by the assessee vis a vis percentage completion method of accoun...

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Employees Stock Option Scheme Compensation expense allowable

DCIT Vs M/s. Info Edge India Ltd. (ITAT Delhi)

DCIT Vs M/s. Info Edge India Ltd. (ITAT Delhi) From the order of ld. CIT(A), it is clear that the ld. CIT(A) has relied on various decisions and has per the decisions relied by the ld. CIT(A), the ESOP has been treated as Revenue expenditure. The Revenue did not bring any contrary decision against the […]...

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Cost of Land is part of Construction Cost of House to avail Section 54F Exemption

Smt. Yoga Sikka (UPPAl) Vs ITO (ITAT Delhi)

Smt. Yoga Sikka Vs ITO (ITAT Delhi) There is no dispute that the assessee has invested the full sale consideration received on the sale of jewellery in the purchase of the plot of land. It is also not in dispute that before the lower authorities the assessee could not adduce any evidence. The certificate from […]...

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Penalty U/s. 271AAB justified on return filed after issue of notice U/s. 142(1)

Sonal Steels Trading Pvt. Ltd Vs ACIT (ITAT Chennai)

Sonal Steels Trading Pvt. Ltd Vs ACIT (ITAT Chennai) Here admittedly, assessee was not maintaining any books. There was thus no question of recording any money, bullion, jewellery or any entry in any books. It is not disputed that assessee had not disclosed any receipts from bill trading before the date of search to the […]...

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Addition U/s. 69 justified if creditors not found to be creditworthy

Shri Om Prakash Patidar (HUF) Vs ITO (ITAT Indor)

Shri Om Prakash Patidar (HUF) Vs ITO (ITAT Indore) Admittedly the appellant has received the amount in question and the amount is duly deposited in the bank account of the appellant and the appellant has failed to satisfactorily explain the source of the said deposits in his bank account and hence the investment in the […]...

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

Sushil Tuli Vs ITO (ITAT Lucknow)

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....

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Depreciation on vehicle fully allowable despite Partial personal use

Ralhan Construction Company Vs ACIT (ITAT Delhi)

Ralhan Construction Company Vs ACIT (ITAT Delhi) Regarding disallowance out of vehicle expenses of Rs.1,03,295/-, it is observed that the depreciation of Rs.49093/- is included in it. The depreciation is fixed expenditure in nature whether it is used exclusively for the business or partially for personal use. Thus, the element of some per...

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