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Principle of mutuality cannot be denied simply because there are two categories of members as per bye-laws of society

May 18, 2018 4131 Views 0 comment Print

M/s. Sri Sai Datta Mutual Aided Co-operative Credit Society Vs Asst. (ITAT Hyderabad) The AO and CIT(A) have considered the ordinary members and nominal members are different class of members. AO accepts that ordinary members are having mutuality but he denies the same with reference to nominal members. The principle of mutuality cannot be denied […]

Contracts awarded by MMRDA do not qualify for exemption under N/No. 21/2002-Cus.

May 18, 2018 1668 Views 0 comment Print

Learned AR argued that Commissioner (Appeals) has wrongly interpreted Notification No. 21/2002 by construing that Mumbai Metropolitan Regional Development Authority (MMRDA) is a road construction corporation under the control of the State Government.

Addition for Bogus share capital not sustainable without proving that shareholders did not have credit worthiness

May 18, 2018 960 Views 0 comment Print

ACIT Vs Gowthami Chemicals & Pesticides (P) Ltd. (ITAT Visakhapatnam) In this case, the assessee has furnished the confirmation letters explaining the identity of the shareholder, address and sources of income of the contributor to the share capital along with the evidence for land holdings and copies of IT returns in 4 cases before the […]

Addition of 12.5% out of bogus purchases meets the end of justice

May 18, 2018 3255 Views 0 comment Print

Since assessee had made purchase from the grey market which gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer, and when sales were also not doubted, in such situation, in the facts and circumstances of the case, 12.5% dis allowance out of the bogus purchases meets the end of justice.

ITAT allows ‘Rasna’ Loss on account of destroyed stock

May 17, 2018 2325 Views 0 comment Print

These are four appeals by the assessee and revenue against each other against the order of the Commissioner of Income Tax (Appeals)-XI & VIII, Ahmedabad, dated 25/11/2011 & 27/09/2012 for the Assessment Years (AYs) 2008-09 & 2009-10.

Deemed Dividend not applicable to Current Account Transactions

May 17, 2018 2622 Views 0 comment Print

A division bench of the ITAT Kolkata comprising N.V.Vasudevan, Judicial Member and Waseem Ahmed, Accountant Member were ruled that the provisions of deemed dividend under section 2(22)(e) of the Income Tax Act would not applicable to Current Account Transactions.

No VAT on dyes & chemicals washed away during Job work & get embedded into final product

May 17, 2018 4530 Views 0 comment Print

Whether on the facts and in the circumstances of the case, the learned Tribunal was justified in upholding the levy of tax on chemicals used as consumables in the process of job work of dyeing of fabric by assuming that property in the goods has passed on to the principals?

ITAT confirms addition for Salary paid to Husband and Daughter

May 17, 2018 2259 Views 0 comment Print

The assessee failed to demonstrate as to what services have been rendered by her husband or the daughter to whom salaries have been paid. Therefore, the salary claimed by the assessee towards husband and daughter deserves to be disallowed.

Penalty cannot be imposed without there being a clear specific charge

May 17, 2018 6969 Views 0 comment Print

The AO has imposed the penalty on the ground of disallowance of foreign exchange fluctuation. The assessee cannot be fastened with the law of penalty without there being a clear specific charge. Fixing a charge should not be in a casual manner and it has not been permitted under the law.

S. 260A: Time limit to file appeal to HC begins from date of receipt of order by officer entitled to file appeal

May 17, 2018 17805 Views 0 comment Print

This appeal is filed against a common order of the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal) relating to Assessment Years 1997-98 onwards, for a period of eight years, till 2004-05. On the filing of the Appeal, an objection was raised by the respondent/ assessee, represented by Mr. P.R. Mullick, Advocate, that the Appeal is filed beyond time.

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