Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Determination of turnover for presumptive taxation u/s 44AD - The assessee contended that receipts cannot be treated as ancillary receipts as the assessee had already offered income at 6% of the total turnover from eligible business as part of the business income, not on an item-wise basis. The CIT(A) considered the sale bills and ledger account and accepted the assessee's case regarding genuine turnover of Rs. 64,74,859/- and not Rs. 74,26,060/-. The ITAT held that Section 44AD is applicable to the assessee for the relevant AY 2018-19. The decisions relied upon by the CIT(A) dealt with Section 80IB, which is distinct from Section 44AD. The assessee offered to pay tax as per Section 44AD on the total turnover at 6%. The ITAT accepted the assessee's contention, set aside the CIT(A)'s order, and directed the AO to accept the new offer to tax as mentioned by the assessee. The assessee's appeal was allowed.
Determination of turnover for presumptive taxation u/s 44AD - The assessee contended that receipts cannot be treated as ancillary receipts as the assessee had already offered income at 6% of the total turnover from eligible business as part of the business income, not on an item-wise basis. The CIT(A) considered the sale bills and ledger account and accepted the assessee's case regarding genuine turnover of Rs. 64,74,859/- and not Rs. 74,26,060/-. The ITAT held that Section 44AD is applicable to the assessee for the relevant AY 2018-19. The decisions relied upon by the CIT(A) dealt with Section 80IB, which is distinct from Section 44AD. The assessee offered to pay tax as per Section 44AD on the total turnover at 6%. The ITAT accepted the assessee's contention, set aside the CIT(A)'s order, and directed the AO to accept the new offer to tax as mentioned by the assessee. The assessee's appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
