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Judiciary

Penalty for delay in filing Audit Report due to Dispute with Auditor is invalid: ITAT

January 12, 2018 19383 Views 0 comment Print

Due to disputes between the assessee with its earlier auditor and resignation thereof, the same (audited accounts) was filed before AO belatedly.

Deemed Dividend provision attracted on Loan Taken to pay Salary

January 12, 2018 1470 Views 0 comment Print

Taking loan from closely held company to discharge the payment of salary is to be treated as a commercial transaction. We are not in agreement with the submissions of the ld. AR as the salary commitment is in the proprietary concern, in which, assessee is the sole owner and any loan taken from the closely held company wherein assessee is holding substantial interest will definitely attract provisions of section 2(22)(e).

Expense cannot be disallowed for mere absence of voucher

January 11, 2018 7296 Views 0 comment Print

The ITAT, Lucknow bench in M/s Maheshwari Flour Mills vs. JCIT, has held that expenses related to the fundamentals of the assessee’s business cannot be disallowed merely n ground that they were not vouched.

Same cannot be assessed both in the hands of AOP and in Individual capacity of Assessee

January 11, 2018 2391 Views 0 comment Print

Once the assessment in the hands of AOP has been made then the assessment of the same income in the individual capacity tantamount to double assessment of the same income, which is impermissible in the eyes of law.

Every wrong claim by assessee cannot tantamount to furnishing of wrong particulars

January 11, 2018 2643 Views 0 comment Print

The ITAT bench comprising of Accountant Member T. S. Kapoor and Judicial Member Partha Sarathi Chaudhury, held that penalty under Section 271(1)(c) of the Income Tax Act, 1961 would not attract when assessee makes an Ineligible Claim.

Addition justified if creditworthiness of parties & genuineness of transaction not established

January 11, 2018 2439 Views 0 comment Print

Hon’ble High Court held that  addition on account of undisclosed income is sustainable where creditworthiness of parties and genuineness of transaction was not established by assessee.

A.O cannot reject books without pointing out any incorrectness in the same

January 11, 2018 4854 Views 0 comment Print

ACIT Vs Balajee Structural (India) Pvt.Ltd. (ITAT Raipur) It is  not in dispute that the appellant has maintained books of account regularly and these are duly audited u/s 44AB of the I.T. Act and the quantitative details were prepared and were duly audited. The variation in percentage of GP/NP or payments in cash, in the […]

Building under construction cannot be taxed as deemed let out property

January 11, 2018 4746 Views 0 comment Print

Building being under construction during relevant previous year, the same could not be taxed applying provision of Section 23(1)(c) of Income Tax Act, 1961.

Deduction u/s 80P(2) on interest received on deposits with Sub-Treasuries.

January 11, 2018 2676 Views 0 comment Print

In an assessee- favor ruling, the Cochin bench of ITAT said that the assessee, a primary agricultural credit society is entitled to the benefit of deduction under Section 80P (2) of the Income Tax Act, with regard to interest received on deposits made by the assessee with sub treasury.

Primary Agricultural Co-op Credit Society is eligible for Sec. 80P Deduction

January 10, 2018 5286 Views 0 comment Print

ITO Vs M/s. Edanad- Kannur SCB Ltd. (ITAT Cochin) The undisputed facts are that the assessees in these cases are all primary agricultural credit society and they are registered as such under the Kerala Co­operative Societies Act. The Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Limited & Ors. (supra) had […]

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