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Compensation attributable to a negative/restrictive covenant is a capital receipt & Taxable u/s 28(va)

July 28, 2020 1581 Views 0 comment Print

The issue under consideration is whether the non-compete fee could be taxed under any provision other than Section 28(ii)(a) of the Income Tax Act, 1961?

SC removed allegations levied on Tax Officer & set aside order for recovery of costs from personal resources

July 28, 2020 1026 Views 0 comment Print

Supreme Court states that they have find from the record that the learned Single Judge had no reasonable justification to hold that the petitioner had passed a whimsical order and that it suffered from malice in fact and in law.

Unlisted shares sold before 11.07.2014 eligible for benefit of short holding period

July 28, 2020 3903 Views 1 comment Print

The issue under consideration is Unlisted shares sold after holding for 23 months considered as Long Term Capital Gains or Short Term Capital Gains?

Assessment cannot be Reopened based on data already disclosed in scrutiny assessment

July 28, 2020 3414 Views 0 comment Print

Gateway Leasing Pvt. Ltd. Vs ACIT (Bombay High Court) The issue under consideration is whether the re-opening of the assessment u/s 147 is justified in law? In the present case, after referring to the information received following search and seizure action carried out in the premises of Shri Naresh Jain, it was stated that information […]

Interest on Refund adjusted against demand allowable till date of adjustment

July 28, 2020 1791 Views 0 comment Print

whether the assessee is entitled for interest u/s.244 of the Act from the date of payment of taxes till the date such taxes were actually adjusted against the demand of some other assessment year?

ITAT allows depreciation on expansion expenditure treating the same as Capital

July 28, 2020 1470 Views 0 comment Print

The issue under consideration is whether the expenditure incurred by the assessee for the expansion will be considered as Capital Expenditure and allowability of the depreciation on the same?

Interest Income as ‘Beneficial owner’ cannot be taxed under Article 11(3)(c) of India-Mauritius Tax Treaty

July 28, 2020 2580 Views 0 comment Print

The issue under consideration is whether as per India-Mauritius DTAA, Interest Income from Foreign Currency loan and Securities would be eligible to tax in India?

No addition for sale consideration outside books of account on mere presumptions

July 28, 2020 978 Views 0 comment Print

In the present case, the A.O, came to the conclusion that since assessee company purchased the same shares just after 05 days from TIDCL at a much lower price, therefore, assessee must have paid the sale consideration outside the books of account. Accordingly, A.O. in the assessment order held that assessee has paid to TIDCL outside books of account and made addition accordingly.

Entire Purchases cannot be Treated as Bogus if Payments Made through Accounted Money

July 28, 2020 3414 Views 0 comment Print

Bhagatram Vs ACIT (ITAT Hyderabad) The issue under consideration is whether the CIT(A) is correct in considering the entire purchase as bogus purchase? ITAT states that it is also a known fact that Gold / Gold Jewellery is often purchased in the grey market in order to avoid taxes/customs duty etc., by the traders. In […]

MP HC Grant Bail to Pakistani National accused of GST evasion

July 27, 2020 4638 Views 1 comment Print

MP High Court Grant Bail to Pakistani National who accused of GST evasion of Rs. 225 Crores alongwith furnishing a personal bond in the sum of Rs. 5,00,000/-

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