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Write-Off of Donations & Fixed Assets is Application of Funds

November 12, 2018 5991 Views 0 comment Print

Assessing donation write-off & fixed asset depreciation as income application. AO directed for verification. ITAT Mumbai

Purchase & Sale of Group Company share cannot be treated Bogus if same was done to book loss and off-set capital gains

November 12, 2018 2040 Views 0 comment Print

ACIT Vs M/s. R J Corp. Ltd. (ITAT Delhi) The A. O. has made a observation that the short term capital loss has been incurred on share of group companies and such shares have also been sold to group companies in such a manner that the entire shareholding of the investee company remains with the […]

Making of a statutory claim U/s. 54/54F cannot be said to be concealment of particulars of income

November 12, 2018 1665 Views 0 comment Print

CIT Vs D. Harindran (Madras High Court)  The learned Appellate Tribunal held that the respondent assessee had furnished all details of sale and purchase of the Injambakkam property and had claimed deduction under Section 54/54F of the 1961 Act. After careful perusal and analysis of Section 271(1)(c) of the 1961 Act, the Appellate Tribunal found, […]

Rs 50 crore GST evasion Case- Accused is not a CA- ICAI

November 12, 2018 2406 Views 1 comment Print

After comprehensive review of the aforesaid news-item, ICAI, being a regulator of the profession of Chartered Accountants had taken up the matter and verified its records and found that Madhusudan Pandey is not a Chartered Accountant as his name does not appear in the Register of members maintained by the ICAI.

Proportionate addition of deemed dividend considering percentage of shareholding in borrowing company

November 11, 2018 1791 Views 0 comment Print

Delhi ITAT has allowed the proportionate allocation of deemed dividend on the basis of the shareholding of the borrowing company. We find this Judgment to be wholly inapplicable to the facts of the present case as in the facts of this decision, both the shareholders were holding more than 10% in the lending company and more than 46% in borrowing company.

TP: Mere dispute on exclusion / inclusion of comparables to determine ALP not necessarily give rise to substantial questions of law

November 11, 2018 1254 Views 0 comment Print

Pr. CIT Vs M/s TIBCO Software (India) Pvt Ltd (Bombay High Court) Any inclusion or exclusion of comparables per se cannot be treated as a question of law unless it is demonstrated to the Court that the Tribunal or any other lower authority took into account irrelevant consideration or excluded relevant factors in the ALP […]

Section 12AA registration cannot be denied by giving vague reasons

November 11, 2018 2928 Views 0 comment Print

Rastriya Saksharta Mission Innovative Technologies Education, Khesra Vs. CIT (ITAT Delhi) Section 12AA of the I.T. Act provides that ‘Pr.CIT or CIT on receipt of an application for registration of a trust or institution under section 12A, shall after satisfying himself about the objects of the trust or institution and the genuineness of its activities, […]

Notice for Revision U/s. 263: Limitation period to begin from date of assessment or date of re-assessment?

November 11, 2018 12771 Views 0 comment Print

When a notice under section 263 dealt with several issues, which were not subject-matter of re-assessment proceedings, then, two years period contemplated under section 263(2) would begin to run from date of original assessment and not from date of re-assessment, CIT issued notice under section 263 from date of re-assessment, therefore, the same lacked jurisdiction as it was hit by limitation, thus, the notice was quashed.

Foreign exchange fluctuation loss on forward contract could not be considered as a notional loss

November 11, 2018 1257 Views 0 comment Print

The loss due to foreign exchange fluctuation in foreign currency transactions in derivatives has to be considered on the last date of account year and it is deductible under section 37(1) and could not be considered as a notional loss.

Allow upload of Form GST TRAN-1 if could not be uploaded due to reasons not attributable to taxpayer: HC

November 11, 2018 1080 Views 0 comment Print

It is alleged by the petitioner that though he has attempted to upload FORM GST TRAN-1 within the time, he was not able to do so on account of some system error. The petitioner, therefore, seeks appropriate directions so as to enable him to take credit of the input tax available to him at the time of migration.

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