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Archive: 09 January 2016

Posts in 09 January 2016

Addition u/s 68 not sustainable where whole transaction supported by adequate & reliable evidences

January 9, 2016 4150 Views 0 comment Print

Mumbai ITAT held In the case of ITO vs. Ms. Khalil M. Bharwani that the whole transaction of purchase and sale of shares giving rise to long term capital gain has been duly explained step by step and supported by adequate and reliable evidence.

AO not permitted to make additions beyond revision order issued u/s 263: ITAT

January 9, 2016 1529 Views 0 comment Print

Kolkata ITAT held In the case of Sri Manoj Murarka vs. ACIT that the AO had travelled beyond the jurisdiction vested on him by the order of the CIT u/s 263 by treating the amounts overdrawn by the son and daughter of the assessee thereby bringing the same to tax as deemed dividend.

Amount received in pursuance of agreement of construction of additional area, not assessable as business income

January 9, 2016 2498 Views 0 comment Print

Delhi High Court held In the case of Raj Dulari Bhasin vs. CIT that merely because the Assessee approached the builder for constructing the flats on the portion apart from the already constructed portion, would not make the transaction an ‘adventure in the nature of trade’.

S.132(4A): Additions based on passbook found in custody of assessee, who operates such account, is duly valid

January 9, 2016 637 Views 0 comment Print

ITAT Delhi held In the case of Kapoor Singh vs. ACIT that the assessee has not disputed the bank pass book of Shri Sube Singh which was found at his residence during search and seizure operation, neither has he controverted the AO’s finding to the statement of the Bank Manager given in writing that most of the payments have been made by Shri Kapoor Singh and his sons.

ITAT explain difference between Corporation by and under an Act while considering TDS on Interest to Noida

January 9, 2016 9753 Views 0 comment Print

The assessee, a Branch of Canara Bank, made interest payment of Rs.201,000,000/- to New Okhla Industrial Development Authority (herewith ‘NOIDA’), a creation of the UP Industrial Area Development Act, 1976, without withholding any tax at source.

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