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Archive: November, 2017

Posts in November, 2017

Share transaction via stock exchange evidenced by broker’s note not Bogus unless revenue prove otherwise

November 17, 2017 1839 Views 0 comment Print

Sri Lal A. Khemani Vs. ITO (ITAT Hyderabad) There is no dispute that assessee had purchased shares through stock exchange as evidenced by the broker’s note and also sold through stock exchange by way of another broker’s note. Both of which contain the transaction details, time of transaction along with STT paid. There is no […]

Draft Notification U/s. 115JG (1) on conversion of Indian Branch of Foreign Bank into Indian Subsidiary company

November 17, 2017 1215 Views 0 comment Print

Draft of Proposed Notification under Section 115JG (1) of the Income-tax Act, 1961 issued in respect of conversion of Indian Branch of Foreign Bank into Indian Subsidiary company; Comments/suggestions of Stakeholders sought on Draft Notification by 30th November, 2017.

Registration under FCRA cannot be denied to society on mere bald report on use of Foreign Contribution

November 17, 2017 4638 Views 0 comment Print

The petitioner – a Society registered under the Societies Registration Act, 1860 – has filed the present petition impugning communications dated 01.08.2014 and 07.12.2015 (hereafter referred to as the impugned communications)

Assessee cannot adopt valuation of DVO after adopting stamp value

November 17, 2017 1674 Views 0 comment Print

When assessee himself had adopted value of land as per Stamp Duty Authority for computation of long-term capital gain, then he could not claim adoption of the value of land as estimated by DVO, as he filed return of income and paid taxes, also there was no scope of reduction.

Income earned abroad as Non Resident cannot be taxed in India for mere receipt in Indian Bank A/c

November 17, 2017 3342 Views 0 comment Print

Pramod Kumar Sapra Vs. Income Tax Officer (ITAT Delhi) Observation that since the salary income has been received in India, i.e., it has been credited in the bank account of the assessee in India and also TDS has been deducted by the employer, this fact cannot be a determinative of the taxability of resident or […]

Transfer of property by way of GPA is not a valid transfer, So no capital gain arises

November 17, 2017 7992 Views 0 comment Print

Smt. Maniza Jumabhoy Vs. Asst. Commissioner of Income Tax (ITAT Hyderabad) Assessee has entered into is not a ‘sale deed’ as considered by the AO and CIT(A) but only an ‘agreement of sale cum Irrevocable General Power of Attorney’ for a property, which the Hon’ble Court has held that these three parties have no ownership […]

TP: Purchase of Shares of AE can’t be regarded as International Transaction

November 17, 2017 10035 Views 0 comment Print

When the transaction of purchase of shares are held to be outside the purview of the provisions of Sec.92 of the Act, we fail to understand as to how the excess price paid for acquiring shares can be treated as a deemed loan and an international transaction. We therefore find no merits in the argument advanced by the learned DR.

CIT(A) cannot affirm action of AO ex parte without giving reason for confirming the same on merits

November 17, 2017 4044 Views 0 comment Print

The Income Tax Appellate Tribunal Kolkata bench recently pronounced that Assessing Officer cannot pass an ex parte order without mentioning any reason for confirming the addition on merits under the Income Tax Act, 1961.

Poultry Feed Supplements are classifiable as Poultry Feed and not as medicines or drug

November 17, 2017 5100 Views 0 comment Print

Now it is well settled that as also need of common parlance that an animal feed supplement or cattle feed supplement or poultry feed supplement or balanced cattle feed or poultry feed is actually used as energy nutrients as well as nutrients rich with substance needs for strengthening the body and its development so that a person engaged in such farming may have good yield of cattles and poultry as the case may be.

Co-Op Credit Society can claim Section 80P deduction on interest income from nationalized banks

November 17, 2017 4014 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) has recently held that interest income earned from nationalized banks shall be treated as business income for which deduction under Section 80P of the Income Tax Act can be claimed.

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