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Deduction u/s 80IB(11A) allowable from A.Y in which business commences

October 11, 2015 6611 Views 0 comment Print

ITAT Ahmedabad held in M/s Anand Food Dairy & products Vs ITO that the deduction u/s 80IB(11A) would be allowed from the initial assessment year i.e A.Y relevant to the previous year in which the business was commenced but not from the A.Y of the incorporation of this provision in the I.T Act i. e not from -01-04-2005.

Re-opening due to mere audit objection not valid

October 11, 2015 1150 Views 0 comment Print

Relying on judgment of jurisdictional High Court in the case of Raajratna Metal Industries Ltd. vs. ACIT, [2014] 49 taxmann.com 15 (Gujarat) ITAT Ahemdabad held in the case of DCIT vs. Naroda Enviro Project Ltd. that the reopening of assessment solely on the ground of audit objection is not valid.

No Penalty on additions sustained on alleged Bogus Purchase for mere non-production of parties

October 11, 2015 10790 Views 0 comment Print

The ITAT Ahmedabad in the case of M/s Ruchi Developers vs. ITO, where Assessee has failed to produce creditor parties in respect of alleged Bogus Purchases while he submitted all other details and evidences and additions been made,

No Penalty u/s 271(1)(c) if advance tax paid on undisclosed income

October 11, 2015 1264 Views 0 comment Print

In the case of M/s Kantilal Siyaram vs. ACIT (ITAT Ahmedabad), the assessee has claimed that advance tax was paid, which was not recorded in the original return on the income which was remained to be disclosed in original return.

Construction Business- No Revenue recognition if substantial risk & reward not transferred to buyer

October 11, 2015 1949 Views 0 comment Print

ITAT Ahmedabad held in case of ITO vs. M/s Tirupati Enterprises held that the revenue has to be recognized only at the time when substantial risk and reward are transferred to the buyer by the seller. Since the construction was incomplete, the property was not ready for sale.

No Rejection of books of accounts in absence of any material defect

October 11, 2015 648 Views 0 comment Print

In the case of ACIT vs. Smarneev Fashions Pvt. Ltd, ITAT Ahmedabad held that merely because there is a fall in gross profit or there is a NIL closing stock at the end of the year the books of accounts cannot be rejected.

Protocol for establishment of the India-Ecuador Joint Economic and Trade Committee (JETCO) signed

October 10, 2015 345 Views 0 comment Print

The Ambassador of Ecuador to India, H.E. Mr. Mentor Villagomez met Ms. Rita Teotia, Commerce Secretary, Government of India on 9th October, 2015 and discussed measures to enhance bilateral trade and investment relations between both the countries. During the year 2014-15, the bilateral trade between the two countries stood at US $ 1290.77 million.

No fresh Income tax notice to Nokia India : CBDT

October 10, 2015 1004 Views 0 comment Print

There have been some reports in the media yesterday and today that the Income tax Department has issued fresh demand notice to Nokia India. These reports are erroneous. An assessment order was passed in the case of Nokia India Pvt Ltd for Assessment Year 2010-11 in August 2015. The tax demand raised by this order was primarily based on issues arising from earlier orders.

AO has to record his satisfaction before proceeding to make addition u/s 14A

October 10, 2015 1077 Views 0 comment Print

Delhi High Court Held In the case of I.P. Support Services India (P) Ltd vs CIT that AO cannot invoke Section 14A read with Rule 8D (2) without recording his satisfaction and noted that the recording of satisfaction as to why the voluntary disallowance made by the assessee was unreasonable

Valuation as per deeming provision u/s 50C not applicable on mere transfer of rights in land

October 9, 2015 2240 Views 0 comment Print

ITAT Jaipur held In the case of ITO vs. Tara Chand Jain that the right in land cannot be equated with the land or building. Therefore, it is concluded that section 50C is applicable to transfer of capital asset only in respect of land or building or both and is not applicable to right in land. In the present case

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