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Judiciary

Expenditure on Hotel Rooms Renovation & Redecoration is Revenue Expense

August 15, 2020 6447 Views 0 comment Print

The issue under consideration is whether the expenditure incurred in renovation and redecoration of rooms in a hotel is a revenue expenditure or capital expenditure?

No expense disallowance based on mere Reduction in Revenue sharing

August 15, 2020 1140 Views 0 comment Print

whether disallowance of the expenses only on the basis that there was reduction in the sharing of the revenue in comparison to the earlier years is justified in law?

Ex Parte Order is Not Justified if Notice is Served on Wrong Address

August 14, 2020 4509 Views 0 comment Print

The issue under consideration is whether ex parte order passed by CIT(A) because of non attendance of assessee on the date of hearing is justified in law?

Income from Letting out Property in Industrial park/SEZ including amenities Taxable as Business Income

August 14, 2020 1452 Views 0 comment Print

Whether the income derived from letting out of the property in an industrial park/SEZ including the amenities would be business income in the hands of the owner of the property?

Section 56(2)(viib) AO cannot change DCF method adopted by assessee

August 14, 2020 3330 Views 0 comment Print

I-Exceed Technology Solutions Pvt. Ltd. Vs ITO (ITAT Bangalore) The provisions of Rule 11UA(2)(b) of the Rules provides that, the Assessee can adopt the fair market value as per the above two methods and the choice of method is that of the Assessee. The Tribunal has followed the judgment of Hon’ble Bombay High Court rendered […]

Tribunal should Issue Specific Directions while Remanding Back the Case to AO

August 14, 2020 975 Views 0 comment Print

whether the tribunal was right in coming to the conclusion that the Assessing Officer has not recorded his mandatory satisfaction as required under Section 14A(2) of the Act?

Form 62 filing Not Mandatory to allow carry forward of Losses u/s 72A

August 14, 2020 6741 Views 0 comment Print

whether the non-filing of prescribed Form No.62 for the third Assessment Year is restrict the Assessee to carry forward losses under Section 72A of the Income TaxAct, 1961?

Section 115JB Doesn’t Envisage Enhancement of Taxable Profits by Adding Loss incurred in Redemption of MF

August 14, 2020 1563 Views 0 comment Print

Whether upward adjustment to book profit under section 115JB of the Act, by treating the loss on purchase and redemption of mutual funds as expenditure relatable to earning exempt income is justified in law?

CPC TDS Wing is not an ‘External Agency’ for CBDT Circular

August 14, 2020 1176 Views 0 comment Print

ITO Vs Ajmer Vidhyut Vitran Nigam Ltd (ITAT Jaipur) Exception 10(e) to the aforesaid CBDT Circular relates to cases where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ ED/ DRI/ SFIO/ Directorate General of GST Intelligence (DGGI). In the instant case, the assessee has […]

Person Eligible for SVLDRS, 2019 even if Amount quantified on or before 30.06.2019 gets Modified Subsequently

August 14, 2020 1254 Views 0 comment Print

Seventh Plane Network Private ltd. Vs. Union of India & ORS. ( Delhi High Court) The issue under consideration is whether the petitioner was eligible to apply under the SVLDRS, 2019 even if the amount of duty involved in the audit had not been quantified before 30th June, 2019? High Court states that, the audit […]

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