Partition or family settlement is not transfer. When there is no transfer there is no capital gain and consequently no tax on capital gain is liable to be paid.
Held that the assessee can take shelter and claim deduction u/s 54 only when the assessee invests the long term capital gain in purchase or construction of a single residential house.
Held that the Revenue is bound by the resolution plan as accepted by the NCLT and not entitled to anything more than what is provided therein.
Held that assessee failed to provide details of calculation of the Performance Related Pay; also failed to prove the authority to pay the Performance Related Pay to the employees hence claim of Performance Related Pay is unsustainable
Held that when there is an appeal remedy available under Section 107, it is the settled proposition that, writ petition cannot be filed by invoking the extraordinary jurisdiction. Petitioner can file an appeal before the Appellate Authority and file a condone delay petition stating the Covid-19 situation.
Held that the department has failed to issue notice, failed to report the reasons for reopening the case and also failed to take the approval of the appropriate authority before as initiation of proceedings u/s 147 of the I.T. Act. Appeal allowed on technical ground.
Held that assessee submitted the records. Hence, the assessee has discharged his initial burden and the burden shifts on the assessing officer to enquire further into the matter which he failed to do.
Held that the authorities fallen in error in considering the subscription received towards cloud serviced to be royalty income
ITAT Patna held that in absence of any evidence of tax evasion by showing fictitious or false transactions, addition by invoking provisions of section 40A(3) of the Income Tax Act unsustainable.
Held that an inquiry made by the AO, considered inadequate by the Commissioner of Income Tax, cannot make the order of the Assessing Officer erroneous. Thus, the Commissioner of Income Tax by invoking revisionary powers u/s. 263 cannot impose his own understanding of the extent of inquiry.
