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Interest U/s. 234B / 234C cannot be levied for period prior to date of survey on Income declared during Survey

January 2, 2018 3738 Views 0 comment Print

Emem Freight Forwarders Vs Dy. CIT (ITAT Mumbai)  Section 210 of the Act requires the assessee to pay advance tax at his own or in pursuance of the order of the assessing officer on or before each of the due dates specified under section 211 of the Act. In the instant case, the assessment year […]

Acquisition of flat in under construction building should be considered as Construction and not Purchase

January 1, 2018 5010 Views 1 comment Print

Booking of flat in an apartment under construction must also be viewed as a method of constructing residential tenements. Commencement of construction is not relevant for the purpose of sec. 54 and it is only the completion of construction.

Railways not liable to take permission for Advertisement Hoardings erected on its land and also not liable to Advertisement Tax: HC

January 1, 2018 3099 Views 0 comment Print

Railway not require permission of Municipal Corporation for erecting Advertisement Hoarding on its land and Municipal Corporation not entitled to levy advertisement tax on the advertisements displayed on the hoardings erected on the land of the railways

Depreciation on assets allowable to trust despite treatment of same as Income Application : SC

December 31, 2017 27720 Views 0 comment Print

Assessing Officer view in disallowing the depreciation which was claimed under Section 32 of the Act was that once the capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of depreciation would amount to giving double benefit to the assessee.

Depreciation cannot be denied for Breakdown & Technical Snags during Trial runs of Machineries

December 31, 2017 1602 Views 0 comment Print

Once plant commences operation and even if product is substantial and not marketable, the business can said to have been set up. Mere breakdown of machinery or technical snags that may have developed after the trial run which had interrupted the continuation of further production for a period of time cannot be held ground to deprive the assessee of the benefit of depreciation claimed.

Transfer u/s 2(47)(v) in case of Development Agreement completes when complete control over property passed on to developer

December 30, 2017 1893 Views 0 comment Print

Heard the learned counsel appearing for the appellant. The challenge is to the judgement and order passed by the Income Tax Appellate Tribunal, Pune Bench A at Pune (for short Appellate Tribunal) on 30th April, 2014. The substantial questions of law which are placed into service are the questions which reads thus:­

Bogus LTCG from Penny stocks- ITAT Confirms Addition for failure to explain Jump in Price

December 29, 2017 14244 Views 0 comment Print

By this income tax appeal, the appellant ­assessee challenges the orders of the Assessing Officer, the Commissioner of Income Tax as also the Income Tax Appellate Tribunal holding that the assessee had traded in shares and the income was liable to be taxed as business income.

S. 271(1)(c) Penalty cannot be invoked without Specifying Exact Charge

December 29, 2017 3066 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Mumbai bench, on Wednesday furnished an order which ensure that tax payers are not charged penalty for unspecified reasons.

Section 50C could not be applied to lease hold rights in land

December 29, 2017 8901 Views 0 comment Print

ACIT Vs. Everest Industries Ltd. (ITAT Mumbai) 1. The only grievance of the revenue in this appeal is that the provisions of section 50C of the Act mandates that where a transfer of capital asset being land or building or both is for consideration less then its value as adopted/assessed by the State Government for […]

Exemption U/s. 11 to 13 cannot be claimed in absence of Registration u/s 12AA

December 28, 2017 3963 Views 0 comment Print

We are of the view that assesse has not filed any Certificate of Registration granted u/s. 12AA of the I.T. Act, 1961, which is mandatory for availing the exemption u/s. 11 to 13 of the Act

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