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Section 68 applies only to unexplained credit entries without proper explanation

September 20, 2019 5232 Views 0 comment Print

ITAT are of the view that u/s. 68 of the Act, it is only the credit entry appearing in the books of account of an assessee for the relevant previous year, that can be treated as unexplained cash credit in the absence of proper explanation by the assessee

A.O. cannot refer the matter to DVO to reduce FMV

September 19, 2019 1290 Views 0 comment Print

Shri Dinesh Khodidas Patel Vs ITO (ITAT Ahmadabad) The issue under consideration is whether A.O. is correct in referring the matter to DVO to find FMV by rejecting valuation report submitted by assessee? In the present case, assessee sold a land along with others co-owners. It had submitted the valuation report as on 1-4-1981 of […]

Subsidy under TUFS scheme was capital receipt and not taxable

September 19, 2019 3696 Views 0 comment Print

In the given case the issue under consideration is that the amount claimed as capital receipts, by the assessee are taxable and have to be treated as income or not?

Section 54 Exemption allowed on house purchased Abroad before 01.04.2015

September 18, 2019 669 Views 0 comment Print

The issue under consideration is whether the exemption u/s 54 will be allowed if the reinvestment is made in residential property outside India?

GST defaulter can be released on conditional bail on bond with sureties

September 13, 2019 828 Views 0 comment Print

In the given case, the applicant is facing charges under Sections 132(1)(b) and 132(1)(c) of the Central Goods and Services Tax Act, 2017, for which maximum sentence is of five years. Hence the applicant wanted to apply for regular bail.

Loan Waiver due to one time settlement cannot be termed as revenue receipt

September 11, 2019 2499 Views 0 comment Print

In the given case, Revenue has challenged the order passed by the ITAT. Here issue under consideration is that, whether, waiver off loan on account by the lender on account of one time settlement of loan can be termed as revenue receipt or not?

ITAT allows set-off of Derivative losses against Business Income

September 11, 2019 3150 Views 0 comment Print

Magic Share Traders Ltd Vs ITO (ITAT Ahmedabad) The issue under consideration is whether a company dealing in ‘derivatives’ could be considered as engaged in speculative business as per Section 73 or not? In the present case, the assessee seeks set off of losses arising from derivative losses as non-speculative business losses. The Revenue had […]

No addition for gifts if Assessee proves Identity, capacity & genuineness of donor

September 6, 2019 831 Views 0 comment Print

Gifts are normally made by relatives out of natural love and affection and do not necessarily require any particular occasion. Assessee had discharged his burden by furnishing necessary details before AO. In the absence of anything to show that the transactions were by way of money laundering,

No taxable gain on Land Purchased & Sold as Agricultural land

September 5, 2019 2520 Views 0 comment Print

The issue under consideration is whether the land purchased by the assessee as agricultural land & whether the income from such sale is business income or capital gains?

Section 68 not applies to Swapping of shares

August 28, 2019 2640 Views 0 comment Print

This is a simple case of acquiring shares of certain companies from certain shareholders without paying any cash consideration and instead the consideration was settled through issuance of shares to the respective parties. That is, section 68 of I.T. Act, 1961 does not apply to cases of purchase of share assets and allotment of shares by the appellant when purchase and allotment are under a barter

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