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No section 80IB(10) deduction If No expense by Land Owner Towards project Development

January 28, 2021 1803 Views 0 comment Print

Explore Anjli Foundations’ eligibility for 80IB(10) deduction as ITAT Chennai reviews the case. Legal analysis, key points, and ITAT judgment insights provided.

Intention at the Time of Purchase of Land Important to determine Nature of Gain

January 28, 2021 1503 Views 0 comment Print

Babulal Vs ITO (ITAT Bangalore) In cases of purchase and sale of land as laid down by the Hon’ble Supreme Court in the case of Raja J.Rameshwar Rao (supra), a decision on which the learned DR placed reliance, the intention at the time of purchase will be a relevant factor. When a person acquires land […]

Forfeiture of convertible warrant results in extinguishment of right

January 28, 2021 3210 Views 0 comment Print

DCIT Vs Azalea Infrastructure Pvt. Ltd (ITAT Delhi) The facts clearly shows that on October 20, 2010, India Bulls Power Ltd pursuant to the provisions of Section 192A of the Companies Act, 1956 made a preferential allotment of 42 crore as fully convertible warrants to 4 different companies which are the entities promoted by the […]

Tax on Interest on Delayed Compensation for Compulsory Land Acquisition

January 28, 2021 10752 Views 0 comment Print

ACIT Vs SV Global Mill Ltd. (ITAT Chennai) We find that the Tribunal in the context of Section 10(37) of IT Act, held that interest received for delayed payment of enhanced compensation in respect of acquisition of immovable property is in the nature of interest liable to be taxed u/s.56(2)(viii) r.w.s. 145A(b) of IT Act. […]

Loan cannot be treated as bogus without considering documents submitted by Assessee

January 28, 2021 1353 Views 0 comment Print

It was found that assessee confirmed loan transactions and confirmation was on record. Revenue nowhere considered said documents and rejected claim of assessee without any basis. Rejection of claim of assessee without any basis was not justified. Issue was restored back to AO to decide it afresh after giving an opportunity of being heard to assessee.

Section 50C- Value on Sale Agreement date to be adopted & not the value on date of Sale Deed

January 28, 2021 5991 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) Section 50C provides that where the consideration received or accruing as a result of transfer by an assessee of a capital asset being rent or building or both is less than the value adopted or assessed by any authority for the purpose of payment of stamp duty in […]

LTCG Calculation- Date of Sale Agreement Vs. Sale Deed

January 28, 2021 15234 Views 0 comment Print

Prakash Chand Bethala Vs DCIT (ITAT Bangalore) In the present case, the AO applied the provisions of section 50C of the Act on the basis of Sale Deed executed by the assessee on 9.3.2007. At this stage, it is appropriate to observe that there was an Agreement of Sale executed by assessee on 8.3.1993 and […]

Medical Insurance Premium for Family Members of Employees allowable

January 28, 2021 1023 Views 0 comment Print

Loesche India Pvt. Ltd Vs ACIT (ITAT Delhi) The record reveals that the assessee had paid the insurance premiums of the employees’ family members in terms of employment Rules framed by the assessee-company there for. Therefore, it can hardly be said that the impugned expenditure were not incurred wholly and exclusively for the purpose of […]

Absence of interest income on capital from firm is no bar to claim interest paid on borrowings for contributing capital to firm

January 28, 2021 2820 Views 0 comment Print

Absence of earning any interest income on capital from the firm is no bar to claim the interest paid on borrowings for the purpose of contributing capital to the firm by the assessee as deductible expenditure.

CIMS will be effective from 01.04.2021- DGFT

January 28, 2021 2898 Views 0 comment Print

The CIMS will be effective from 01.04.2021, i.e., Bill of Entry filed on or after 01.04.2021 for items as listed in this Notification shall be governed by CIMS. The facility of online registration will be available with effect from 15.02.2021.

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