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Money received for issuing shares has to treated a capital receipt and cannot be taxed

June 25, 2018 3321 Views 0 comment Print

Challenging the order,dated 30/09/2016 CIT(A)- Mumbai-I the assessee has filed the present appeal.Assessee-Company,engaged in the business of manufacturing and selling of shaving products and systems,filed its original return of income on 30/11/2011 declaring total Loss at Rs.19.78 crores.The Assessing Officer (AO)completed assessment u/s. 143 (3) r.w.s. 92CA of the Act on 31/03/2016 determining income of the assessee at Rs.32,68,71,48,000/-

Deduction U/s. 36(1)(vii) for Bad debts for income offered to tax during earlier year cannot be disallowed

June 24, 2018 3471 Views 0 comment Print

The very fact that balances were shown under sundry debts itself went to prove that same had emanated out of sales of assessee and hence, income relatable thereto in the form of sales and services had been duly offered to tax in the earlier years in accordance with section 36(2) and therefore, disallowance made towards bad debts was not justified.

Bifurcation of consideration into land and building separately necessary for claiming depreciation

June 24, 2018 9540 Views 0 comment Print

Where assessee made no bifurcation of land and building and claimed depreciation on entire amount, therefore the case was remanded back to AO for bifurcating consideration into land & building and depreciation was to be allowed only on building portion.

Deduction U/s. 54F available on Payment towards construction of house prior to sale of flat

June 24, 2018 16143 Views 0 comment Print

Tarun Jalali Vs Dy. DIT (ITAT Delhi) sub-section 4 of section 54F prescribes appropriation of sale consideration of original asset towards provision of new asset made within one year before the date of transfer of original asset, two years from the date of transfer or construction of new in-house property, within three years from the […]

Merely nomenclature of expense does not conclusively determine character and nature of expense

June 24, 2018 1359 Views 0 comment Print

Moreover, it has to be kept in mind by the AO that merely because nomenclature of expense is given as ‘Labour Charges Paid’ does not conclusively determine the character and nature of the expense claimed.

To achieve targets Dept official ignores Principles of law & cross their limits: ITAT

June 24, 2018 768 Views 0 comment Print

The present Misc. Application has been moved by the applicant – assessee pleading that though the Tribunal vide order dated 20.12.2017 had stayed the recovery of the balance amount to be recovered by the Department from the assessee for the assessment year 2009-10,

No Service Tax on Commercial Construction Service by an Individual prior to 01.05.2006

June 24, 2018 504 Views 0 comment Print

The present appeal challenges the Order-in-Appeal No.8/2010 dated 24.02.2010. The demand covered the period 2004-05 to 2006-07. The appellant was engaged in providing Construction Service and Commercial or Industrial Construction service

Loss from Hedging Contracts of Foreign Exchange is Normal Business Loss

June 23, 2018 3888 Views 0 comment Print

This appeal filed by the assessee directed against the Ld. Principal of Commissioner of Income Tax-3, Kolkata for the assessment year 2012-13, wherein he has revised the order passed u/s 143(3) by the Assessing officer on 24.02.2015 by exercising his jurisdiction u/s 263 of the Income Tax Act, 1961(the Act) on 8thMarch, 2017.

Encashment of bank guarantee due to inadequate performance is allowable expense

June 23, 2018 8319 Views 0 comment Print

That on the facts and circumstances of the case and in law, CIT (A) erred in upholding the disallowance of loss/ expenditure of Rs. 20892603/- suffered/ incurred by the appellant as a result of encashment of bank guarantee furnished to Delhi Transport Corporation (DTC) as security for the due and punctual discharge of obligations under the Concession Agreement.

Imposition of penalty not justified in absence of motive to mis-declare goods

June 23, 2018 717 Views 0 comment Print

All the three appeals are arising out of the same impugned order passed by the Commissioner (Appeals) and as such, are being disposed of by a common order.

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