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Valuation of shares should be based on various factors and not merely on financials

October 30, 2019 3450 Views 0 comment Print

Valuation of the shares should be made on the basis of various factors and not merely on the basis of financials and the substantiation of the fair market value on the basis of the valuation done by the assessee simply cannot be rejected where the assessee has demonstrated with evidence that the fair market value of the asset is much more than the value shown in the balance sheet.

Bogus loss from Client Code Modification: AO cannot make addition to broker without bringing any evidence

October 30, 2019 2325 Views 0 comment Print

Pr. CIT Vs Pat Commodity Services Pvt. Ltd. (Bombay High Court) Bogus loss from Client Code Modification (CCM):However, the Tribunal accepted the assessee’s explanation and discarded the Revenue’s theory that profit of the assessee’s company were passed on to the clients. It was also noticed that the Revenue has not contended that the client code […]

Ind AS Technical Facilitation Group Clarification Bulletin 23: How to give effect to Taxation Laws (Amendment) Ordinance, 2019

October 30, 2019 3213 Views 0 comment Print

Whether a domestic company can give effect to lower tax rate as per the Ordinance while determining current tax and deferred tax assets or liabilities for the purpose of presenting interim results/ interim financial statements as of 30 September 2019?

CSR is a true manifestation of Bapu’s Trusteeship Philosophy: President of India

October 30, 2019 780 Views 0 comment Print

CSR is a true manifestation of Bapu’s Trusteeship Philosophy: President of India. President of India Confers First National Corporate Social Responsibility (CSR) Awards for outstanding contributions in the area of CSR. Companies indulged in CSR activities are wealth creators, says Finance Minister

Letters in refutal of allegations contained in news items cannot be treated as admission of non-disclosure

October 29, 2019 933 Views 0 comment Print

M/s Goodyear India Ltd. Vs CIT (Supreme Court) The High Court essentially placed reliance on two letters written by the assessee and assumed that it was in the form of admission of non-disclosure and an offer was given by the assessee to pay the tax and penalty, as the case may be. We have perused […]

CIT(E) cannot examine application of income while granting Registration U/s. 12AA

October 29, 2019 2100 Views 0 comment Print

Where registration of the Trust does not involve inquiry into the actual activities or application of the funds etc., particularly when there was nothing on record to make out that the object of the Trust or activities of the Trust were not genuine, therefore, CIT(E) had no ground to decline the registration under section 12AA.

Notional rent cannot be charged on property legally not occupiable

October 29, 2019 2649 Views 0 comment Print

Since during the period the property was legally not occupiable and not occupied because the building in which property was situated was not given Occupancy Certificate (OC), therefore, issue for charging of tax on notional rental basis and the question of interpretation of section 23(1)(a) did not arise at all.

After conclusion of proceedings u/s 147 AO cannot take aid of Exp. 3 to Section 147 to make any addition

October 29, 2019 1359 Views 0 comment Print

M/s JDC Traders Pvt. Ltd. Vs DCIT (ITAT Delhi) A careful reading of Section 147 clearly shows that it empowers the learned AO to assess or re-assess the income in respect of any issue which had escaped the assessment irrespective of the fact that whether such aspect was adverted to in respect of the reasons […]

Addition for outstanding loan repaid by assessee subsequently was unjustified

October 29, 2019 3324 Views 0 comment Print

Since the unaccounted money as alleged by the AO was the loan, which was repaid subsequently by assessee, addition made on account of unverifiable unsecured loans was unjustified.

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019-5 Major Clarifications

October 29, 2019 2556 Views 0 comment Print

Representations have also been received that the cases where appeals were filed after 30.06.2019 should also be allowed relief under the Scheme. It is stated that such cases are not covered per se. However, if a taxpayer withdraws the appeal and furnishes the undertaking to the department in terms of Para 2(viii) of Circular No. 1072/05/2019-CX dated 25.09.2019, they can file a declaration under the Scheme.

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