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No Penalty If determination of ALP not leads to any TP Adjustment, with no effect on income of assessee

December 27, 2017 2469 Views 0 comment Print

Since, the determination of arm’s length price in the appeal effect order has not lead to any transfer pricing adjustment, with no effect on income of the assessee, hence, penalty provisions are not applicable in this case, therefore, we cancel the orders of the authorities below thereby deleting the penalty in dispute.

Business income or capital gains cannot be decided by merely looking at frequency of transaction in shares

December 27, 2017 2889 Views 0 comment Print

ITAT Ahmedabad ruling on Ankur Scientific vs Dy. CIT case. Assessment of share gains as business income challenged. Disallowance of weighted deduction contested.

Excise Dept cannot confiscate a Vehicle merely because it was used to Transport Liquor

December 26, 2017 8580 Views 0 comment Print

Quashing the orders of the Financial Commissioner and the Excise Commissioner, the Delhi High Court held that the mere fact that the vehicle was used to transport liquor would not be sufficient for confiscating the same if the owner of the vehicle is able to establish that he/ she was not involved in the offence.

TDS not deductible on estimation /provision of expenses which was not paid

December 26, 2017 2682 Views 0 comment Print

Explore ITAT Mumbai’s order on Apax Partners India vs. DCIT regarding transfer pricing, legal fees, and travel expenses. Key insights on taxation under section 40(a)(ia)

Income on Agricultural land sale cannot be treated as business gain merely for higher volume of sale consideration

December 26, 2017 2850 Views 1 comment Print

Income Tax Appellate Tribunal (ITAT), Rajkot bench, while allowing the assessees’ appeal, held that the sale of land cannot be treated as business activity for the purpose of levying income tax even though there is a higher volume of sale consideration.

Penalty proceeding invalid if Assessment order nowhere states specific charge of alleged concealment and / or furnishing of inaccurate particulars of income

December 26, 2017 4293 Views 0 comment Print

Nowhere in the assessment order states the specific charge of alleged concealment and / or furnishing of inaccurate particulars of income. Therefore, the entire penalty proceedings stand vitiated, because it is not in accordance with law.

Subsidy by Govt to accelerate industrial development and generation of employment is capital in nature: SC

December 25, 2017 1284 Views 0 comment Print

The present appeals arise from a batch of judgments dealing with cases which come from Maharashtra and West Bengal. Insofar as the civil appeals relating to Maharashtra are concerned, the subsidy scheme of the State Government took the form of an exemption of entertainment duty in Multiplex Theatre Complexes newly set up

AO cannot treat advances as gift merely on assumptions and presumptions

December 25, 2017 1989 Views 0 comment Print

Shri Nilesh Janardan Thakur Vs. ITO (ITAT Mumbai) The AOs case is that the assessee has received money without any consideration which is taxable under the provisions of section 56(2)(vi) of the Act. The AO has brought out number of reasons to come to the conclusion that money is taxable u/s 56(2)(vi) of the Act. […]

Reopening based on Change of opinion is invalid; HC dismisses Appeal in Airtel case

December 25, 2017 921 Views 0 comment Print

This Court is of the opinion that the ITAT’s impugned order is unexceptionable because it is premised upon the circumstance that in the absence of any fresh tangible material, it was not open, on mere re-appreciation of the existing circumstances, to reopen the concluded scrutiny assessment. The ITAT’s reasoning cannot, therefore, be faulted.

Purchase of property from defaulting Sales Tax Dealer not liable for his Sales Tax Arrears in absence of charge over property by Sales Tax Dept.

December 25, 2017 2055 Views 0 comment Print

Noor M. Saied Vs. The Commercial Tax Officer (Madras High Court) Petitioner has purchased the property for valuable consideration and in the absence of charge over the property by the Sales Tax Department, the petitioner cannot be made liable to pay alleged arrears of Sales Tax for the defaulting dealer and for such reason, the […]

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