"28 May 2017" Archive

Analysis of Goods & Service Tax (GST) on Real Estate Industry

Under GST regime Services by way of pure labour contracts of construction, erection, commissioning, or installation of original works pertaining to a single residential unit otherwise than as a part of a residential complex is exempt. So people who are constructing 2nd holiday homes at Lonavala, Deolali etc will be exempt....

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Addition based on mere Sales Tax Dept observations not sustainable

Asstt. Commissioner of Income Tax 25(2) Vs Tarla R Shah (ITAT Mumbai)

On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in deleting the addition of Rs 14,36,653 which was made by invoking the provisions of section 69C of the I. T. Act by treating the purchase are genuine without appreciating the fact that the notices u/s 133(6) issued to the parties were returned unnerved as...

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Husbands Income Not Sole Criterion to award Maintenance amount

Deepak Malhotra & Ors Vs Deepti Malhotra & Ors (Delhi High Court)

The Delhi High Court, in the case of Deepak Malhotra vs Deepti Malhotra and Ors, has held that the proportion of the husband’s income to be awarded as maintenance pendente lite to the wife is dependent on the surrounding circumstances and cannot be determined by a strict mathematical formula....

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In absence of incriminating material found during search concluded assessments cannot be reopened U/s. 153A

Pr. Commissioner of Income Tax Vs. Meetu Gutgutia (Delhi High Court)

A perusal of the common order of the ITAT shows that it first dealt with one common ground raised by the Assessee in all its appeals which concerned the jurisdictional issue of the validity of the invocation of Section 153A of the Act by the Revenue. It was contended that for the AYs 2000- 01 […]...

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Way Bills and its Rules under GST

Government, recently released Rules on electronic Way Bill under Goods and Services Tax (GST). A waybill is a document issued by a carrier giving details and instructions relating to the shipment of a consignment of goods. Typically it will show the names of the consignor and consignee, the point of origin of the consignment, its [&hellip...

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Section 153C proceedings not valid if initiated on the basis of document not belonging to Assessee

Pr. Commissioner of Income Tax Vs Vinita Chaurasia (Delhi High Court)

There is, therefore, nothing to contradict the categorical finding of the ITAT that the document which formed the main basis for initiation of the proceedings under Section 153C of the Act does not belong to the Assessee. One of the principal conditions for attracting Section 153C of the Act is, therefore, not fulfilled in the present cas...

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Trust for sole benefit of an individual can claim section 54F deduction

Balgopal Trust Vs. ACIT (ITAT Mumbai)

Issue before us is as to whether the assessee trust, which is for the sole benefit of an individual, will be entitled to deduction u/s. 54F or not, when its status is that of A.O.P. As per Section 54F the benefits of this section is available to individual or Hindu undivided family (HUF). Hon’ble jurisdictional […]...

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Addition for undervaluation not justified without alleging that assessee received more consideration than what is stated in the sale deed

The Pr. Commissioner of Income Tax- 2, Vs M/s Quark Media House India Pvt. Ltd. (Punjab & Haryana High Court)

The presumption against the value being understated (not undervalued) is greater where parties are connected or related. However, if the AO does not allege that the assessee received more consideration than is stated in the sale deed, he cannot made an addition to the stated consideration....

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Full value of consideration used in section 48 does not have reference to market value

Assistant Commissioner of Income Tax Vs Akash Association (ITAT Ahmedabad)

Reference to DVO for determination of market value for the purpose of computation of capital gains under section 48 would be wholly redundant since main thrust of section 48 is the full value of consideration received or accruing as a result of transfer of capital asset and not the fair market value thereof....

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Reopening based on reappraisal of existing material is invalid

Director of Income Tax (International Taxation) Vs Rolls Royce Industrial Power India Ltd (Delhi High Court)

The AO examined the nature of the transactions involving the Assessee and the payments received therefor. The reopening was not based on any fresh material. By revisiting the same materials the successor AO now concluded that the payments received by the Assessee pursuant to the O&M Agreements should be treated as FTS. ...

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July 2021