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Judiciary

No Section 69 addition merely for cash deposit in Saving Bank Account

May 30, 2020 4830 Views 0 comment Print

The issue under consideration is whether the addition made by the A.O. for cash deposited into saving bank account by the assessee is justified in law?

Section 12AA registration cannot be rejected merely on suspicion

May 30, 2020 2532 Views 1 comment Print

The issue under consideration is that whether the CIT(Exemptions) is correct in rejecting the application seeking grant of registration u/s 12AA of the Act?

No section 147 notice based on material already presented during section 143(3) assessment

May 30, 2020 2202 Views 0 comment Print

The issue under consideration is whether A.O. is correct in issuing Notice under section 147 for re-opening of assessment irrespective of the fact that the material on which he relied is already present in front of him at the time of assessment u/s 143(3)?

POA holder is authorised to sign appeal form of Foreign Company

May 30, 2020 3396 Views 0 comment Print

The form of appeal shall be verified by the person who is authorised to verify the return of income under section 140 of the act as applicable to the assessee. According to the provisions of section 140(c) of the act, the first proviso says that where company is not a resident in India, the return may be verified by a person who holds a valid power of attorney (POA) from such company to do so.

Section 43B Not Applicable on RTO Registration Fees collected from Customers 

May 30, 2020 7215 Views 0 comment Print

The issue under consideration is regarding applicability of provision of section 43B on the registration fees collected from the customers on sale of the vehicles?

Stamp Duty & Registration charges for execution of Lease Deed allowable

May 30, 2020 14661 Views 0 comment Print

The issue under consideration is whether A.O. is correct in disallowing claim of stamp duty and registration charges by considering it as capital expenditure?

Grounds before ITAT can be raised even if no cross objection filed before CIT(A)

May 30, 2020 7617 Views 0 comment Print

Rule 27 embodies a fundamental principal that a Respondent who may not have been aggrieved by the final order of the Lower Authority or the Court, and therefore, has not filed an appeal against the same, is entitled to defend such an order before the Appellate forum on all grounds, including the ground which has been held against him by the Lower Authority, though the final order is in its favour. 

Deduction u/s 35(2AB) can’t denied, merely because of no approval of expenditure

May 29, 2020 8337 Views 0 comment Print

Once R&D facility has been recognized by competent authority, then deductions provided u/s 35(2AB) cannot be denied, merely for the reason that approval of expenditure for impugned year in prescribed form has not been received from competent authority.

Non filing of return | Section 44AD | Application of 8% Rate by AO justified

May 29, 2020 3771 Views 0 comment Print

The assessee company was in the business of Sale and Service of CCTV cameras and other security equipment’s. Total receipts for the year under consideration was Rs. 3,54,30,497/- and still they have not filed return under income tax.

Inability to reply email notices due to computer illiteracy is genuine reason

May 29, 2020 4170 Views 0 comment Print

In the given case, the Karta of the HUF, Mr. BM Sarin is more than 70 years old and has closed his business. The notices were sent through emails but the assessee being a senior citizen could not look into those emails.

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