Follow Us:

Gift of property in pursuance of family arrangement cannot be taxed

June 18, 2018 4854 Views 0 comment Print

The learned CIT (Appeal) has erred in law and on the facts of the case in sustaining the order of the assessing officer holding that gift made by the assessee towards relinquishing 50% interest in the flat No. 52 at Ajanta Apartment, Colaba, Mumbai is a transfer within the meaning of section 2(47) of the Income Tax Act.

If decisions of non-jurisdictional High Courts are in conflict with each other than decision favourable to assesse must be followed

June 18, 2018 9828 Views 0 comment Print

ITO Vs Upkar Retail (P.) Ltd. (ITAT Ahmedabad) We find guidance from the judgment of Hon’ble Supreme Court in the matter of CIT v. Vegetable Products Ltd. [1973] CTR (SC) 177 : [1972] 88 ITR 192 (SC) Hon’ble Supreme Court has laid down a principle that “if two reasonable constructions of a taxing provision are […]

Addition U/s. 69 cannot be made for investment out of Salary Received in Cash

June 18, 2018 3513 Views 0 comment Print

As assessee received salary in cash, his claim that investments were made from such salary could not be brushed aside and keeping in view the overall facts and capacity of the assessee, addition under section 69 was deleted.

Second proviso to section 40(a)(ia) must be read and given effect to retroactively

June 18, 2018 2985 Views 0 comment Print

It is not disputed that section 40(a)(ia), Second proviso is for the benefit of the assessee and when a provision has been made in fiscal statute for benefit of assessee, in the absence of any express provision or a provision which by necessary implication gives a different impression, such provision which is beneficial to the assessee must be read and given effect to retroactively.

Penalty U/s. 271AAA cannot be levied if revenue NOT Made enquiry as regards manner of deriving of undisclosed income

June 18, 2018 1005 Views 0 comment Print

Where revenue itself failed to enquire from assessee as regards the manner in which undisclosed income admitted under section 132(4) was derived, the assessee could not be held guilty of not substantiating the manner of deriving of such undisclosed income, therefore, no penalty under section 271AAA could be levied.

GST leads to Formalization of Economy and Widening of Tax Base

June 18, 2018 1572 Views 0 comment Print

Historic tax reform, the Goods and Service Tax (GST), has resulted in formalization of economy and consequently information flow would eventually augment not only the Indirect Tax collections but also Direct Tax collections. In the past, the Centre had little data on small manufacturers and consumption because the excise was imposed only at the manufacturing […]

AO not justified in treating share application money as unexplained without rebutting evidences filed by Assessee

June 18, 2018 1944 Views 0 comment Print

Where assessee having received share capital furnished evidences, i.e. addresses, PAN No., copies of returns and bank statements of subscribers, etc., AO was not justified in treating share application money as unexplained without rebutting such evidences.

Electronic sealing – Deposit in and removal of goods from Customs bonded Warehouses

June 18, 2018 1899 Views 0 comment Print

e regulations require that goods arriving at the warehouse from a customs station shall be affixed with a one-time-lock with its serial number endorsed upon the bill of entry for warehousing and the transport document.

Income U/s. 271AAA justified if Asssessee fails to specify as to how she derived undisclosed income

June 18, 2018 1251 Views 0 comment Print

Assessee clearly failed to specify as to how she derived undisclosed income and under what head it fell in (rent, capital gains, professional or business income out of money lending source of the income, etc. Unless such facts were mentioned with some specificity, it could not be said that conditions in section 271AAA(2) were satisfied by the assessee.

Allow Inspection of Answer Sheets to Examinee Under RTI Act: CIC to Delhi University

June 18, 2018 4284 Views 0 comment Print

Central Information Commission instructs University of Delhi to allow inspection of his own answer sheet to the Appellant Mr. Mohit Kumar Gupta as sought in the RTI application within a period of 15 days from the date of receipt of this order.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031