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Registration U/s. 12AA cannot be denied for mere non filing of Return

March 27, 2017 2124 Views 0 comment Print

Advocate Akhilesh Kumar Sah Just because the assessee has not filed income tax returns in earlier years, it can not be said that the activities of the assessee of the charitable trust / society were not genuine and grant of the registration under section 12AA cannot be denied

Assessment U/s. 153C liable to be quashed if No satisfaction recorded by AO

March 22, 2017 2247 Views 0 comment Print

These are cross appeals by the assessee and the Revenue emanating out of the orders of learned CIT(Appeals)-III, Nagpur for assessment years 2008-09 and 2009-10 respectively. Since the issues are connected and the appeals were heard together

Addition upheld for cash deposit in bank claimed against withdrawals

March 7, 2017 8904 Views 3 comments Print

The withdrawals have been found to be subsequently redeposited after a gap of two or three months which is not probable. The assessee therefore we find has not been able to link the cash withdrawn from the bank with cash deposit we therefore uphold the order of the learned CIT(A) treating the cash deposit of Rs. 14,20,212/- as unexplained income of the assessee.

Capital Gain on Sale of Penny stock: P&H HC favours Assessee

February 16, 2017 4032 Views 2 comments Print

The Pr. CIT (Central) Vs. Sh. Hitesh Gandhi (Punjab and Haryana High Court) Assessing Officer was not able to contradict the facts regarding purchase of shares and sale thereof. Further, it was recorded that the assessee had sold shares through MTL shares and Stock Broker limited which is a SEBI registered Stock Broker. The payment […]

No Taxability under Income Tax Provisions if no tax under respective DTAA

January 31, 2017 6942 Views 0 comment Print

Recently, in DCIT vs. Ford India Limited & vice-versa[I.T.A. Nos. 673 and 840 /Chny/2015 and I.T.A. Nos. 748 and 749 /Chny/2015, A.Y. 2011-12 and 2012-13, decided on 31.01.2017], one of the question raised before ITAT, Chennai was whether CIT(A) erred in deleting the tax

Validity of scrutiny assessment- Notice issued U/s. 143(2) based on original Vs revised return

January 3, 2017 6240 Views 0 comment Print

M/s Padmini Products Pvt. Ltd. Vs DCIT (ITAT Bangalore) Assessee filed return of income declaring loss and thereafter, filed revised return enhancing the amount of loss declared in the original return. The case of the assessee was selected for scrutiny and notice under section 143(2) was issued by AO. The assessee contended that the scrutiny […]

Section 11AC: No Interest / Penalty on value of goods escalated by buyer retrospectively

December 8, 2016 1500 Views 0 comment Print

The fact of the case is that the respondent had cleared their finished goods to their customer by valuing the goods on the basis of purchase order placed by them by their customers. However, consequent upon price escalation, their customers amended the purchase order and revised the price of the goods on the higher side with retrospective effect.

Multiple houses in single residential complex constitutes “a residential house” for Section 54/ 54F

November 17, 2016 3201 Views 0 comment Print

Where a residential house was transferred and four flats in a single residential complex were purchased by the assessee, it was held that all four residential flats constituted “a residential house” for the purpose of Section 54 and that the four residential flats cannot be construed as four residential houses for the purpose of Section 54.

Appraisal report cannot substitute requirement of recording of satisfaction in case of persons searched

November 16, 2016 3765 Views 0 comment Print

Shri Anil Agarwal Vs ACIT (ITAT Indore) It has been held that even when the Assessing Officer of the person searched and the other person is common, the Assessing Officer of the person searched has to necessarily form a satisfaction that the item referred to in section 153C belongs or belong to a person other […]

Set off of LTCG on sale of Land against Loss on off-market sale of shares

November 7, 2016 3180 Views 0 comment Print

By adopting tax planning, long-term loss on sale of shares suffered by assessee on off-market sale transactions can legitimately be adjusted against long-term capital gains on sale of land.

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