Follow Us:

ITAT allowed builder to adjust rent received against WIP as it was linked with development of Property

September 8, 2018 2337 Views 0 comment Print

This appeal by the assessee is directed against the order of ld. Commissioner of Income tax(Appeals) dated 01/05/2014 and pertains to assessment year 2010-11.The Grounds of appeal read as under :- Being aggrieved by the order of the Commissioner of Income-tax (Appeals)-25, Mumbai (hereinafter referred to as Learned CIT (A)) dated 01.05.2014 under section 250 of The Income Tax Act, 1961 (herein after referred as ‘IT Act’), the appellant submits this appeal on the following grounds each of which may please be considered without prejudice to one another

Depreciation is available on genuine goodwill

September 8, 2018 1980 Views 0 comment Print

CLC & Sons Pvt. Ltd Vs. ACIT (ITAT Delhi) (Special Bench) Hon’ble Summit court in CIT vs. Smifs Securities Ltd. (2012) 348 ITR 302 (SC) in which it has been held: “that goodwill will fall under the expression ‘or any other business or commercial rights of similar nature’” and, hence, qualifies for depreciation u/s 32(1) of […]

Delay in filing TDS return due to outside professional is reasonable cause

September 7, 2018 1296 Views 0 comment Print

M/s. Oriental Insurance co. ltd, Vs JCIT (ITAT Delhi) In the present case the quarterly TDS return in form No. 24Q, which was to be filed by the assessee on 15.06.2011 was filed on 05.04.2013 causing the delay of 660 days. The main reason shown by the assessee is that the work was entrusted to […]

Tax cannot be recovered by issuing notice against Dead person

September 7, 2018 2088 Views 0 comment Print

Without adjudicating the said issue, the second respondent cannot proceed to recover the amount, that too, by issuing a notice against a dead person. Hence, the impugned notice is held to be not sustainable in law.

Tax Exemption cannot be denied to IOA Merely for Receiving Sponsorship

September 7, 2018 2460 Views 0 comment Print

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] – 40, New Delhi dated 31.12.2015 pertaining to A.Y 2011-12. 2. Grievances of the Revenue read as und

Genuineness of Share Transaction cannot be suspected merely for Irregularities of Share Broker

September 7, 2018 2115 Views 0 comment Print

The report given by BSE only shows that there may be some irregularities on the part of the share broker. In our view, such kind of irregularities, if any, committed by share broker cannot be a ground to suspect the genuineness of purchase and sale of shares undertaken by the assessee.

HC Imposes cost for Abuse of law by filing Multiple Proceedings on same issue

September 7, 2018 3402 Views 0 comment Print

M/s. Vibgyor Texotech Ltd. Vs Board of Directors State of Bank of India (Bombay High Court) Indisputedly, order dated 16.3.2017 passed by the District Magistrate under Section 14 has attained the finality and has been executed. The Petitioner herein has not challenged the order dated 16.3.2017 either by filing an application under Section 17 of […]

Taxability of Capital gains- On Execution of agreement of sale or sale deed?

September 7, 2018 17481 Views 1 comment Print

 Maniar Injectoplast Pvt. Ltd. Vs. ITO (ITAT Mumbai) It was specifically mentioned in the agreement of sale assessee was to make out a clear and marketable title to plot of land, free of all encumbrances, to the satisfaction of the purchaser’s advocate and after fulfilling the other conditions it would execute and register a deed […]

Wrong Name on Assessment Order of non existent Company can’t be cured by section 292B

September 7, 2018 1608 Views 0 comment Print

ACIT  Vs M/s. Mahagun Realtors (P) Ltd, (ITAT Delhi) AO has passed the assessment order u/s 153A of the Act in case of Mahagun Realtors Pvt. Ltd (represented by Mahagun India Pvt. Ltd after amalgamation) despite the fact that the above company has merged with Mahagun India Pvt. Ltd by the order of the Hon’ble […]

Section 54 Exemption when Agreement to sell old property and investment in new residential property within one year

September 7, 2018 6948 Views 0 comment Print

Agreement to sell old property and investment in new residential property within one year, whether to be claimed as exemption under section 54.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031