Category: ITAT
Deduction u/s 80JJAA There is no requirement of atleast 100 new workmen to be employed to claim deduction ABCAUS Case Law Citation:ABCAUS 3090 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Panacea Biotec Ltd. Vs. ACIT 122 ITD 199 The instant appeal by the Assessee was …
TDS return filed late cannot be declared non est in law. Like income tax return no such provision exits declaring a return of TDS filed beyond time invalid ABCAUS Case Law Citation:ABCAUS 3088 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Fatehraj Singhvi v. UOI 73 …
Insistence of tax authorities to produce a written Agreement to Sell was arbitrary perverse and unreasonable when Law permits oral agreements. There is no law that cash withdrawn from bank cannot be held in cash. ITAT accepts cash deposits out of withdrawals made 4 months earlier ABCAUS Case …
No question to supply reasons recorded unless return is filed u/s 148. ITAT dismissed the ground never raised before the authorities below ABCAUS Case Law Citation:ABCAUS 3086 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Union of India & Others vs. Rai Singh Deb Singh Bist …
Allowability of service tax written off to PL Account when input credit not allowed under Cenvat Credit Rules. ITAT deleted the addition ABCAUS Case Law Citation:ABCAUS 3085 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:T. R. F. Ltd. vs. CIT: 323 ITR 397 The Revenue …
Neither assessee can withdraw appeal nor CIT(A) can dismiss appeal for non-prosecution. ITAT explains the powers and duty of the First Appellate Authority. Dismisses of appeal by CIT(A) for non-prosecution results as withdrawal of appeal which is not permitted. ABCAUS Case Law Citation:ABCAUS 3084 (2019) (07) ITAT Important …
Salary accrued to non-resident for services rendered outside India not taxable and included in the total income. ABCAUS Case Law Citation:ABCAUS 3079 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Utanka Roy vs. DCIT & Others reported in 390 ITR 109 (Cal) The instant appeal by …
Good Work Reward to employee held not constituting bonus u/s 36(1)(ii) and allowable as normal business expenditure u/s 37 of the Act. ABCAUS Case Law Citation:ABCAUS 3078 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Shriram Pistons & Rings Ltd. Vs. Commissioner of Income Tax, (2008) …
Claim for exemption u/s 54B allowed though not made in the return of income. AO had disallowed claim as revised return was not filed ABCAUS Case Law Citation:ABCAUS 3077 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:M/s. Goetze India Pvt. Ltd. Vs. CIT 284 ITR …
No disallowance u/s 40(a)(ia) for short deduction of TDS made at less than prescribed rates. ITAT deleted addition following various judgments of High Courts. ABCAUS Case Law Citation:ABCAUS 3076 (2019) (07) ITAT DCIT vs. Chandabhoy reported in (2012) 17 taxmann. Com 158 (Mum.)CIT-LTU vs. HewlettPackard India Sales (P.) …