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Fund founded for welfare of Delhi Police should be treated as charitable in its objects

June 28, 2021 2304 Views 0 comment Print

Delhi Police Welfare and Recreational Club Fund vs. CIT (ITAT Delhi) We have gone through the record in the light of the submissions made on either side. Insofar as the nature of activity of promotion of  welfare and recreational activities of the police personnel, by its nature, is concerned, Ld. CIT(E) does not dispute whether […]

Madras high Court on quashing 143(2) sans GKN Driveshafts being followed

June 25, 2021 7494 Views 0 comment Print

McKinsey Global Service India Private Limited Vs ACIT (Madras High Court) 6. The contention of the petitioner is that the principles laid down by the Hon’ble Supreme Court of India, re-opening of assessment proceedings in the case of GKN Driveshafts India Ltd., Vs. ITO reported in (2003) 259 ITR 19 (SC) has not been complied […]

Revision petition to CIT maintainable despite dismissal of first appeal at CIT(A) at admission stage

June 25, 2021 1089 Views 0 comment Print

S. Ravinder Vs CIT (Telangana High Court) It is also to be noted that Section 251(1)(a) of the Act stipulates that an appeal filed before the appellate authority to be considered as disposed, would require such order under challenge to be either confirmed, reduced, enhanced or annulled. It goes without saying that the disposal is […]

No disallowance on Late deposit of ESI/PF If deposited before due date of Return U/s. 139(1)

June 14, 2021 13857 Views 2 comments Print

Mahadev Cold Storage Vs Jurisdictional Assessing Officer (ITAT Agra) No disallowance on late deposit of ESI and PF in section 143(1)(a) if deposited before due date of return u/s 139(1). Decision of Jurisdictional Honorable Allahabad High Court in the case of Sagun Foundry (P) Ltd. Vs CIT ( 97CCH 0160 and 145 DTR 0265) followed […]

Facts already disclosed in return cannot constitute incriminating material found during search

June 9, 2021 1290 Views 0 comment Print

ACIT Vs CMG Steels Pvt. Ltd. (ITAT Chennai) Facts already disclosed in return of income cannot constitute incriminating material found during search. Also held cross examination importance when requested without which addition becomes invalid In the present case, on perusal of facts available on record, we find that the AO has made additions towards unsecured […]

HC set aside assessment by NFAC for no personal hearing

June 9, 2021 4137 Views 0 comment Print

Delhi High Court sets aside NFAC assessment due to lack of personal hearing, emphasizing transparency and accountability in the system.

LTCG cannot be treated as Bogus merely on information from investigation wing

June 8, 2021 5253 Views 0 comment Print

Jayesh Shantilal Vira Vs ACIT (ITAT Mumbai) Addition u/s 10(38) on alleged bogus Long Term Capital Gain (LTCG) deleted where no further verification made by AO except solely reliance on information from investigation wing. ITAT held that the long term capital gain on the sale of shares of M/s. Blue Circle Services Ltd. is not […]

ITAT deletes addition for LTCG made without Independent Verification

June 7, 2021 1380 Views 0 comment Print

ITAT Mumbai ruling on Anusmriti Sarkar vs ITO case. Analysis of LTCG from Kailash Auto Finance Scrip, added without independent verification. Get insights into key decisions.

Mere partition between joint family members cannot terminate HUF status

June 2, 2021 3240 Views 0 comment Print

Sri. A.P. Oree Vs ITO (Madras High Court) Any partition between the members of the joint family   cannot terminate the status of HUF unless it is shown that the joint family property was physically divided in accordance with the agreement or decree of the court.  It is the contention of the Income Tax Department […]

Non Disposal of Objections Before Concluding of Assessment With Separate Speaking Order Makes Assessment Nullity

May 24, 2021 5418 Views 0 comment Print

Duggal Estates Pvt. Ltd. Vs ITO (ITAT Delhi) From the reasons it can be seen that the Assessing Officer was not specific as to on what basis the Assessing Officer has the reason to believe that the income of the assessee to the tune of 1 crore has escaped assessment. In fact, in one para […]

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