Category: ITAT
No tax audit in one proprietorship firm-ITAT deleted penalty u/s 271B as when no accounts was maintained, assessee was not be expected to get them audited. ABCAUS Case Law Citation:ABCAUS 3166 (2019) (10) ITAT Important case law relied upon by the parties:Shri Rajeshbhai Hirabhai Patel Vs. ITOShri Udayshankar …
Additional depreciation on revenue expenditure on installation of plant and machinery allowable. ITAT directs AO to delete the addition ABCAUS Case Law Citation:ABCAUS 3165 (2019) (10) ITAT Important case law relied upon by the parties:Trichy Distilleries & Chemicals Ltd. vs. CIT reported in (1999) 235 ITR 194 Additional …
Approval u/s 153D not empty formality and not valid in the eyes of law if granted without application of mind discernible from record ABCAUS Case Law Citation:ABCAUS 3164 (2019) (10) ITAT Important case law relied upon by the parties:Sahara India (firm) vs CIT (2008) 300 ITR 403; Space …
Guarantee does not amount to an international transaction under section 92B of the Income Tax Act. ITAT ABCAUS Case Law Citation:ABCAUS 3162 (2019) (10) ITAT Important case law relied upon by the parties:M/s Suzlon Energy Ltd.-vs-ACIT (2017) 188 TTJ 278Micro Ink Ltd Vs ACIT .Siro Clinpharm Pvt Ltd …
Cash loan from wife due to business expediency. Penalty u/s 271D deleted as the business was carried on in the interest of family and genuineness/sources was not doubted ABCAUS Case Law Citation:ABCAUS 3161 (2019) (10) ITAT Important case law relied upon by the parties:Penmetsa Venkata Soma RajuDr. Dutta …
Concealment penalty deleted for excess salary appearing in Form 26AS on revision by employer. ITAT accepted assessee’s explanation as bonafide & genuine ABCAUS Case Law Citation:ABCAUS 3160 (2019) (09) ITAT Concealment penalty for excess salary appearing in Form 26AS In the instant case, the appeal was filed by …
Depreciation rate on printers under Income Tax. Computer peripherals like printers part of computer system & entitled for depreciation at the rate of 60% ABCAUS Case Law Citation:ABCAUS 3159 (2019) (09) ITAT Important case law relied upon by the parties:CIT Vs. Cactus Imaging India Pvt. Ltd.CIT Vs. Bses …
Penalty u/s 271(1)(c) on disallowance of notional interest on debit balances in capital account of some of the partners deleted as in totality, partners capital had net credit balance. ABCAUS Case Law Citation:ABCAUS 3158 (2019) (09) ITAT In the instant case, the appeal was filed by the assessee …
No penalty can be imposed u/s 271(1)(c) on preponderance of probabilities and Revenue has to prove that claim of expenses was not genuine or was inflated to reduce its tax liability ABCAUS Case Law Citation:ABCAUS 3157 (2019) (09) ITAT Important case law relied upon by the parties:Hindustan Steel …
Even in best judgment assessment, AO is required to look into surrounding circumstances, nature of expenditure claimed by other assessees in similar line of business ABCAUS Case Law Citation:ABCAUS 3156 (2019) (09) ITAT Even best judgment assessment AO required look into surrounding circumstances In the instant case, appeal …