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No Interim Relief to Google: HC directs ITAT for expeditious disposal of appeal

November 22, 2017 1158 Views 0 comment Print

In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with the Tribunal.

RTI Act would not prevail over Supreme Court Rules; CIC cannot overrule decision of Other Coordinate Benches Of Same Strength

November 21, 2017 2088 Views 0 comment Print

The Judicial Functioning Of The Supreme Court Of India Is Separate/ Independent From Its Administrative Functioning. The Dissemination Of Information Under The SCR Is A Part Of Judicial Function, Exercise Of Which Cannot Be Taken Away By Any Statute. The SCR Would Be Applicable With Regard To The Judicial Functioning Of The Supreme Court; Whereas For The Administrative Functioning Of The Supreme Court, The RTI Act Would Be Applicable.

CBDT Circular are Binding on Revenue

November 21, 2017 11151 Views 0 comment Print

The Kolkata ITAT recently held that the circulars issued by the Central Board of Direct Taxes (CBDT) is binding on the department and it cannot take a plea that such a circular is not valid or is against the provisions of law.

Assessment Order not becomes Invalid for mere wrong mention of section

November 21, 2017 10590 Views 0 comment Print

There is no dispute that the search was conducted in the previous year relevant to the assessment year under consideration therefore the provisions of Section 153C are not applicable for the assessment year under consideration however, the mention of this Section in the order is only a mistake which is covered under the provisions of Section 292BB of the Act.

Restaurants not passing benefit of GST Reduction to Customers and Clarification from Mcdonald

November 19, 2017 32736 Views 9 comments Print

Please Read Clarification at the end of Article by Mcdonald in respect of Below Story. Nowadays Social media is abuzz with a Photo showing two bills of Mcdonald’s Family Restaurant in which Price inclusive of Tax of one of the item sold by it is shown as same on 15th November 2017 i.e. the date […]

Even if a residential house consists of several independent units- Deduction U/s. 54 / 54F can be claimed

November 17, 2017 2586 Views 0 comment Print

It was held that exemption under Section 54 only requires that the property should be of residential nature and the fact that the residential house consists of several independent units cannot be an impediment to grant relief under Section 54 even if such independent units were on different floors.

Share transaction via stock exchange evidenced by broker’s note not Bogus unless revenue prove otherwise

November 17, 2017 1830 Views 0 comment Print

Sri Lal A. Khemani Vs. ITO (ITAT Hyderabad) There is no dispute that assessee had purchased shares through stock exchange as evidenced by the broker’s note and also sold through stock exchange by way of another broker’s note. Both of which contain the transaction details, time of transaction along with STT paid. There is no […]

Transfer of property by way of GPA is not a valid transfer, So no capital gain arises

November 17, 2017 7959 Views 0 comment Print

Smt. Maniza Jumabhoy Vs. Asst. Commissioner of Income Tax (ITAT Hyderabad) Assessee has entered into is not a ‘sale deed’ as considered by the AO and CIT(A) but only an ‘agreement of sale cum Irrevocable General Power of Attorney’ for a property, which the Hon’ble Court has held that these three parties have no ownership […]

TP: Purchase of Shares of AE can’t be regarded as International Transaction

November 17, 2017 9972 Views 0 comment Print

When the transaction of purchase of shares are held to be outside the purview of the provisions of Sec.92 of the Act, we fail to understand as to how the excess price paid for acquiring shares can be treated as a deemed loan and an international transaction. We therefore find no merits in the argument advanced by the learned DR.

CIT(A) cannot affirm action of AO ex parte without giving reason for confirming the same on merits

November 17, 2017 4026 Views 0 comment Print

The Income Tax Appellate Tribunal Kolkata bench recently pronounced that Assessing Officer cannot pass an ex parte order without mentioning any reason for confirming the addition on merits under the Income Tax Act, 1961.

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