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

April 23, 2022 2478 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 1170 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 5478 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 699 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 […]

Substantial evidence needed to prove allegation of non-re-warehousing of goods

April 17, 2022 552 Views 0 comment Print

Faizan Texturising Vs C.C.E. Bharuch (CESTAT Ahmedabad) Facts-The appellant is a 100% EOU engaged in the manufacture of Polyester Texturised Yarn and Polyester Twisted Yarn. Their factory was visited by the officers on 21.04.2003, who conducted various checks and verifications. As a result, shortage of 7618 kg. imported raw material viz. “Bright Polyester Spin Draw […]

Benefit of tax exemption under BIFR cannot be an unending bonanza: SC

April 17, 2022 1530 Views 0 comment Print

Augustan Textile Colours Limited Vs Director of Industries and Anr. (Supreme Court of India) Facts-The issue to be considered here is whether the benefit of tax exemption in respect of works contract granted in the process of revival of the industry, under the relevant provisions of the Sick Industrial Companies Act, 1985 based on the […]

Penny stock: Addition not sustainable, in absence of adverse finding against Assessee

April 17, 2022 8382 Views 0 comment Print

In the present case we find that the entire addition is on the basis of some investigation report, the relevant portions of which is also not cited in the show cause or the assessment order, there is nothing against the assessee and no inquiry whatsoever has been done by the AO or the Ld CIT (A).

Section 148 Notice issued after expiry of 4 years, based on Addl. CITs approval, is unsustainable

April 17, 2022 2037 Views 0 comment Print

Voltas Limited Vs ACIT (Bombay High Court) Facts- Petitioner is a company engaged in the business of air conditioning and refrigeration etc. During the A.Y. 2015-16, petitioner incurred expenses of Rs.3,30,82,713 towards CSR as per section 135 of the Companies Act, 2013. Petitioner had also claimed deduction in return of income u/s 35AC and 80G […]

Allegation of clandestine removal not sustainable merely for high consumption of electricity

April 17, 2022 1521 Views 0 comment Print

We find there are different judicial forums who has held that high consumption of electricity by itself not a ground to infer suppression of production. The onus is on the department to prove allegation of clandestine removal with positive and concrete evidence.

No capital gain on land specified as agricultural land in revenue records

April 17, 2022 6561 Views 0 comment Print

In the present case, the main reason for treating the land as non-agricultural is that the land was converted for usage of non-agricultural purposes. However, the assessee filed revenue records wherein it is stated that the land still continued to be agricultural land wherein crops like Ragi & Paddy were cultivated by the assessee.

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