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Allowability of MCA / ROC Fee for Increase in Capital

June 7, 2021 46383 Views 1 comment Print

Section 37(1) of the Income Tax  provides for a general deduction for all expenditure laid out wholly and exclusively for the purpose of the business or profession. The relevant exclusions made by the section along with the Explanation 1 are the following: (i) Expenses of capital nature, (ii) Expenses which are personal in nature, (iii) Expenses incurred […]

Order passed without enquiry into validity of claim are liable to, be set aside

June 7, 2021 1242 Views 0 comment Print

KAPURCHAND SHRIMAL VERSUS COMMISSIONER OF INCOME-TAX, AP Whether an order of assessment passed under the Indian I.T. Act, by the ITO without holding an enquiry into the validity of the claim made within a reasonable time is liable to be merely cancelled in appeal by the Income-tax Appellate Tribunal without a further direction to the […]

Investment cannot be said to be Bogus merely for loss to Investor

May 31, 2021 1065 Views 0 comment Print

Naveen Infradevelopers & Engineers Pvt. Ltd Vs DCIT (ITAT Delhi) With the approval of the Competent Authority, the following officers shall hold the charge along with zonal charges mentioned against their name with immediate effect, until further orders: Reopening of assessment u/s 147 – Addition u/s 68 – optionally convertible debentures issued to the Infotel technologies […]

Earlier agreement for sale of land can draw inference for ‘concealment of sale consideration’

May 28, 2021 1044 Views 0 comment Print

ACIT Vs. V. V. Rajam (ITAT Hyderabad) AO has observed that the assessee has purchased a land of 2 acres in survey No. 356/3E1/1 situated at Pragnyapur village, Gajwel Mandal, Medak District in his name for a consideration of ₹ 1.2 crore as well as purchased a house in Hyderabad in his wife’s name for […]

Section 147 or 153C Assessment – Search from 3rd party premises – Unexplained Money addition under Section 69A

May 24, 2021 9732 Views 0 comment Print

ACIT Vs. K. S. Chawla & Sons (HUF) (ITAT Delhi) > HELD THAT:- In the present assessee’s case, search & seizure action u/s 132 of the Act was carried out on 15.10.2009 in the premises of Mr. Abhinav Arora and Mrs. Ranju Arora. Consequently, the Assessing Officer initiated reassessment proceedings u/s 147 of the Act […]

Latest Cases On – Principles Of Natural Justice – Faceless Assessment

May 21, 2021 37023 Views 1 comment Print

The essential principles of natural justice are the following:  Justice should not only be done but seen to be done. One cannot be a judge in his own cause. No party should be condemned unheard. u Impartial hearing must be extended to the person against whom a charge is framed to state his case.  Final […]

Whether Society maintenance charges are allowable from Annual Value of Property under Section 23 :- Yes- Yes/No – No

May 21, 2021 96735 Views 3 comments Print

Allowability of society maintenance charges from rental income – Section 22 : deals  the Annual value of property  and  Section 23  determine the  ‘Annual value’, whereas the  Allowable deductions from ‘Income from House property’ is in section 25 and  Section 25 the amounts not deductable from ‘Income from House property’.

A contract is void if prohibited by a statute under a Penalty: SC

February 26, 2021 3993 Views 0 comment Print

Asha John Divianathan Vs. Vikram Malhotra & Ors. (Supreme Court) Transaction entered into by a foreign citizen of ‘Indian origin’, to deal with real estate in India on certain conditions – transaction (specified in Section 31 of Foreign Exchange Regulation Act, 1973) entered into in contravention of that provision is void or is only voidable […]

Blank paper containing only a signature can be termed as a ‘document?

June 4, 2020 13284 Views 0 comment Print

Nisar Vs State of Kerala (High Court of Kerala) Section 3 of the Evidence Act defines ‘document’ as any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended to be used, or which may be used, for the purpose of recording […]

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