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Vasundhra Rastogi

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Provision made for liability in terms of proposed recommendation of 6th Pay Commission was to be allowed as deduction

Income Tax : In case of Gujarat Energy Transmission Corpn. Ltd vs. ACIT, assessee-company the company has provided certain sum towards employee...

October 29, 2015 657 Views 0 comment Print

Lease cannot be termed as sale if ownership rights not extinguished

Income Tax : The Delhi High Court in case of Teletube Electronics Ltd Vs CIT held that there has to be an extinguishment of ownership rights in...

October 27, 2015 3539 Views 0 comment Print

Exemption u/s 10 (23C) (vi) available only to approved educational institutions in existence

Income Tax : In case of Ram Piyari Devi Charitable Trust Vs. Director General Of Income Tax, Delhi High Court held that in order to claim exemp...

October 27, 2015 1447 Views 0 comment Print

Installation of plant and machinery in building would amount to use of building to claim depreciation u/s 32

Income Tax : The Delhi High Court has held in case of Stitchwell Qualitex (RF) Vs. ITO that Installation of plant and machinery in building wou...

October 27, 2015 5958 Views 0 comment Print

Section 147 can be invoked only if AO has reason to believe that taxable income has escaped assessment

Income Tax : In case of Oriental Insurance Company vs. CIT, Delhi High Court held that AO could not assume jurisdiction to reopen assessment u/...

October 26, 2015 2014 Views 0 comment Print


Disallowance of interest on presumption of use in capital work-in-progress not sustainable

October 3, 2015 2753 Views 0 comment Print

In case of JCIT vs. Riddhi Siddhi Gluco Biols Ltd. The Ahmedabad tribunal has held that Interest free funds available with assessee was much more than the interest free loan given by the assessee. A.O made proportionate disallowance merely on the presumption that the proportionate borrowed money must have been utilized for investment in capital work-in-progress. Relying on decision

Deduction U/s. 10A cannot be disallowed for mere belated receipt of export proceeds

October 3, 2015 1655 Views 0 comment Print

In case of ITO VS. M/s.Testree Solutions Pvt. Ltd, ITAT Bangalore held that the export proceeds received after the expiry of the period of six months from the end of the relevant previous year was to be allowed as a deduction u/s 10A .

No addition for expense shown in projected P&L A/c without showing corroborative evidences

October 3, 2015 741 Views 0 comment Print

In the case of DCIT vs. M/s. Vaghasia Associates, ITAT Ahmedabad held that merely because some estimated labour payment was written on the projected profit & loss account, the addition for unexplained expenditure cannot be made.

Wealth Tax Exemption for Commercial property available if used for business by others

October 3, 2015 2268 Views 0 comment Print

In case of ACIT vs. M/s. Prasad Machinery Pvt. Ltd. (ITAT Ahmedabad) assessee was owner of factory building. It allotted certain space therein to its sister concern for enabling it to carry on their business in lieu of charging rent.

Functionally dissimilar company cannot be considered as comparable for computation of ALP

October 3, 2015 795 Views 0 comment Print

In case of M/s. AT & T Global Business Services India Pvt.Ltd. VS. ITO , assessee-company, engaged in business of software development and providing application services to its AE. TPO on basis of mean margin earned by his own set of comparables

No addition U/s. 68 if credits are not related to relevant Assessment year

September 25, 2015 1486 Views 0 comment Print

Glen Villiams Vs. ACIT (ITAT Bangalore)- Assesse was a dealer of bakery products, filed its return. During assessment, it was found that assesse represented certain amount towards sundry creditors in its books.

Section 36(2)(i)- Loan- Bad Debts allowable if assessee offered interest income to tax in earlier years

September 25, 2015 4867 Views 0 comment Print

CIT Vs.Pudumjee Pulp & Paper Mills Ltd. (Bombay High Court) Assesse received interest on inter-coporate deposit which was offered to tax in earlier years. Subsequently, assesse made certain provision for bad debts.

Revenue Appeal not maintainable against addition deleted based on Remand Report

September 25, 2015 1525 Views 0 comment Print

ACIT vs. R.P.G.Credit & Capital Ltd. (ITAT Delhi) – In course of assessment, AO made addition under Section 68 .CIT (A) remanded matter back for obtaining confirmation of creditors. AO gave a remand report that he was satisfied with confirmation given by creditors and loan appeared to be genuine.

Penalty u/s 271(1)( c) justified in case of deliberate false claim of exemption in ROI

September 25, 2015 1125 Views 0 comment Print

JCIT vs. Cybertech Systems & Software P. Ltd.,(ITAT Mumbai) Assesse’s claim for exemption u/s 10B was denied. A.O. also passed a penalty order u/s 271(1)(c) for raising a false claim for exemption. Tribunal found that assesse had not even challenged rejection of claim in appeal.

Wthout assigning reasons Tribunal cannot remand matter to A.O. on matters on which in earlier years it decided in favour of Assessee

September 25, 2015 516 Views 0 comment Print

In the case of Hinduja Global Solutions Ltd. Vs. UOI Assesse’s case for exemption under section 10A was allowed in earlier years by Tribunal. During the relevant year, the Tribunal disallowed assessee claim.

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