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Section 199 enables the Assessee to claim TDS credit in the year in which it is deducted irrespective of the fact that the related income is not offered to tax in the same year.
Adani Vizhinjam Port Pvt. Ltd Vs The ITO
(2023) TaxCorp(LJ) 31091 (ITAT-AHMEDABAD)
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Payment made to agent of uneducated sellers for purchase of old vehicles in cash would be covered by Rule 6DD(k) which carves out an exception from disallowance under Section 40A(3).
Piprani Equipment P.Ltd Vs ITO
(2022) TaxCorp(LJ) 30699 (ITAT-AHMEDABAD) · Section 40A(3)
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Mere modus of operandi cannot the basis of making the addition or treating the capital gain as bogus until and unless it is supported by the material documents.
Mamta Rajivkumar Agarwal Vs Income Tax Officer
(2022) TaxCorp(LJ) 30457 (ITAT-AHMEDABAD)
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No support can be drawn from observations made in the assessment order for the previous AY to conclude that in impugned AY, the loan was given on account of working capital requirement of the AE.
Rosebys Interiors India Ltd Vs The DCIT
(2022) TaxCorp(LJ) 30419 (ITAT-AHMEDABAD)
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There is no requirement that the goods to be eligible for scrap should be produced by the seller itself.
Umeshkuamr Harilal Shah Vs ITO(TDS)-3
(2022) TaxCorp(LJ) 30349 (ITAT-AHMEDABAD)
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Issue of treating reimbursement of expenses as FTS is a debatable issue on which no penalty can be imposed.
Shell Global Solutions International B.V. vs DCIT
(2022) TaxCorp(LJ) 30281 (ITAT-AHMEDABAD)
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Membership fee and subscription amounts received by trust/society from its members cannot be characterized as voluntary contribution within meaning of expression fund in Section 12.
Dudhsagar Research & Development Association Vs ACIT(Exemption)
(2022) TaxCorp(LJ) 30237 (ITAT-AHMEDABAD)
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Payment made by Cadila Healthcare to a Mexico-based entity for clinical trials is in the nature of FTS, liable for tax deduction at source since the payments are not covered under the exception to Section 9(1)(vii)(b) and there is no ‘make available’ clause in India-Mexico DTAA.
Cadila Healthcare Ltd Vs DCIT
(2022) TaxCorp(LJ) 30117 (ITAT-AHMEDABAD)
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Order passed by Revenue under Section 154 against the assessment order passed under Section 143(3) is within the period of limitation of 4 years.
Cadila Healthcare Ltd Vs The DCIT
(2022) TaxCorp(LJ) 30084 (ITAT-AHMEDABAD)
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Revisionary jurisdiction cannot be exercised on a issue which is already decided in appellate proceedings by CIT(A).
Greenwell Orchards Vs The Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 30005 (ITAT-AHMEDABAD)
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Depreciation cannot be denied merely on the reasoning that cars were registered in the name of the Directors of the Company.
Shivam Water Treaters Pvt. Ltd. Vs A.C.I.T.,(OSD)
(2022) TaxCorp(LJ) 29964 (ITAT-AHMEDABAD)
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No TDS liability under Section 195 arose on payments made to University of Texas, USA for carrying out research activity.
Oil and Natural Gas Corporation Limited Vs Income Tax Officer-2
(2022) TaxCorp(LJ) 29829 (ITAT-AHMEDABAD)
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Revenue is not entitled to collect any excess tax other than what is authorized under the law. Therefore, revenue is directed to refund the excess DDT paid or adjust the same with Assessee’s advance tax.
Adani Enterprises Ltd. Vs DCIT
(2022) TaxCorp(LJ) 29714 (ITAT-AHMEDABAD)
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DDT was paid in time, however, owing to inadvertent mistake in filling the challan, Assessee cannot be denied its vested right to credit of the DDT amount deposited within due date.
Strategic Infosystems Pvt Ltd Vs DCIT
(2022) TaxCorp(LJ) 29564 (ITAT-AHMEDABAD)
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Sec.2(22)(e) can only be invoked in case of a shareholder who is holding substantial interest.
Petal Motocon Pvt Ltd Vs I.T.O
(2022) TaxCorp(LJ) 29386 (ITAT-AHMEDABAD) · Section 2(22)(e)
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In the present case provisions of Sec. 56(2)(viib) would not be applicable since assessee has not charged premium and shares were issued at face value.
Ozone India Ltd Vs DCIT
(2022) TaxCorp(LJ) 29380 (ITAT-AHMEDABAD) · Section 56(2)(viib)
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Whenever a person takes loan it depends upon time and circumstances on which interest rate can be determined.
Laxmi Sagar Trade Link Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29335 (ITAT-AHMEDABAD) · Section 40A(2)
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The loss is incurred during the course of conducting business and thus, the same is eligible to be allowed as business loss under Section 28.
Rajkamal Builders Infrastructure P. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29263 (ITAT-AHMEDABAD) · Section 80-IA
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Assessee was not entitled to exemption of profits from turnover of the new unit since approval for the same was granted subsequently.
Quick start Resource Management India Pvt. Ltd Vs The Dy. CIT
(2022) TaxCorp(LJ) 29176 (ITAT-AHMEDABAD)
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ITAT - Revision u/s 263 not justified as the issue was duly and satisfactorily examined by the AO during the assessment proceedings and the valuation of WIP found to be correct by him, required no addition to be made to Assessee’s income.
Rushabhdev Infra Project Pvt. Ltd. Vs The Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 29124 (ITAT-AHMEDABAD)
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