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Owner, in his will, is entitled to give his property in favour of strangers

April 23, 2022 4755 Views 0 comment Print

Trial Court and the first appellate Court concluded that the Will was true and valid and that there were no suspicious circumstances. Held that the absolute owner of a property is entitled even to bequeath his properties in favour of strangers.

Section 54 Deduction available on incomplete construction too consideration received used for constructing a residential house

April 23, 2022 3297 Views 0 comment Print

The passport to derive benefit under sec. 54F(1) is investment in construction of property within the period required u/s 54(1)F or to invest in residential property within the stipulated time for enabling deduction under section 54F of the Act.

Foreign Exchange fluctuation loss allowable under section 37: SC

April 23, 2022 2310 Views 0 comment Print

Wipro Finance Ltd. Vs CIT (Supreme court of India) Facts- The appellant submitted ROI on 29.11.1997 for the A.Y. 1997-­1998, mentioning loss of income, amongst others, owing to exchange fluctuation of Rs. 1,10,53,909/­. After processing the return u/s. 143(1)(a), the assessment was completed on 16.3.2000. As against the loss declared by the appellant due to exchange […]

Invocation of section 263 unjustified if order of AO was not erroneous

April 23, 2022 951 Views 0 comment Print

Since we have already held that the AO has conducted proper enquiry and has taken a plausible view, therefore, the order cannot be held to be erroneous, therefore, in absence of fulfillment of twin conditions, PCIT is not justified in invoking the jurisdiction u/s 263 of the IT Act, 1961.

Section 271(1)(c) Penalty not sustainable on mere estimated additions

April 23, 2022 1242 Views 0 comment Print

In our considered opinion, additions which are mere estimated additions do not attract penalty u/s 271(1)(c) and it is not a fit case of levy of penalty.

ALP determinable for international transaction of Corporate Guarantee

April 23, 2022 1800 Views 0 comment Print

ALP of corporate guarantee has to be determined as it falls within scope and ambit of an international transaction after retrospective amendment to section 92B and 0.5% corporate guarantee is held to be appropriate.

Section 56(2)(viii)(c)(ii) not applies to money/ property received from close relatives

April 23, 2022 2394 Views 0 comment Print

It is held that transaction within the family and close relative are covered by the proviso to section 56(2)(viii)(c) and there is no application of the said section for taxing the income under the head ‘Income from other sources’. The provisions of s. 56(2)(viii)(c)(ii) shall not apply in case of money or any property received from any close relative.

Customized research advisory service not taxable as Royalty if no transfer of any copyright

April 23, 2022 1026 Views 0 comment Print

The assessee operates as a global services advisory and research company. Assessee assists corporations in developing and implementing leading edge sourcing strategies including captive outsourced and shared services approaches.

Reopening u/s 148 permissible in case of receipt of huge cash deposit vis-à-vis non-filing of ROI

April 22, 2022 5127 Views 0 comment Print

Vanditbhai Rajendrakumar Patel Vs ITO (ITAT Ahmedabad) Facts- The brief facts of the case were that as per AIR information, the Ld. Assessing Officer came know that the assessee had received cash deposits of Rs. 25,21,100/-in saving bank account maintained with Corporation Bank. To verify cash deposits, letter dated 10-02-2017 was served on the assessee, […]

Power of court u/s 48 invokable in case of factional feud within a community

April 17, 2022 666 Views 0 comment Print

M. S. Paulose Vs State of Kerala (Kerala High Court) Facts- The suit was instituted by the petitioners and some other persons, praying for a decree of declaration that St. Johns Besphage Orthodox Syrian Church, Pulinthanam is a constituent parish Church of Malankara Orthodox Syrian Church and to declare that the plaint schedule church is […]

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