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Gain from sale of shares with Short holding- Business Gain or Capital Gain

September 30, 2018 1191 Views 0 comment Print

Ramilaben D. Jain Vs ACIT (Bombay High Court) Details of the sales and purchase in shares during the year resulted in the conclusion of the Tribunal that total 73 transactions were disclosed. Only one transaction is shown in long term capital gain category. The other transactions are sales and purchase of shares during the year itself. […]

Bombay High Court passes strictures against Income Tax Department

September 30, 2018 2211 Views 0 comment Print

We have found that the Revenue’s advocates are often handicapped for neither the records are produced nor are officers competent to give instructions to these advocates for the Revenue present in the Court. It is time to remind the Revenue that arguing legal matters or proceedings before the highest court in the State should not be taken casually and lightly.

Rental Income can be business income even if Main Objects are not letting out of Properties

September 29, 2018 2883 Views 0 comment Print

PCIT Vs M/s. Sakthi Sugers Ltd. (Madras High Court) Issue- Whether the Appellate Tribunal is right in allowing the rental income of the assessee as ‘business income’ instead of ‘income from house property‘ when the principal object of the assessee company is not letting out of properties ? When this matter came up for hearing on 08.12.2017, we posed a […]

HC orders inquiry of concerned AO for manipulation of Assessment records

September 29, 2018 975 Views 0 comment Print

Prabhat Agarwal Vs DCIT (Delhi High Court) In this case revenue played a subterfuge, in trying to cover up its omission, and in ante dating the record, in the attempt to establish that such reasons existed, and this court’s interference was not called for. In these circumstances, this court hereby directs the Chief Commissioner concerned […]

Transitional GST Input Credit cannot be denied on Procedural Grounds

September 29, 2018 5691 Views 0 comment Print

In view of the GST regime and the IT platform being new, it may not be justifiable to expect the users to back up digital evidences. Even under the old taxation laws, it is a settled legal position that substantive input credits cannot be denied or altered on account of procedural grounds.

Revision U/s. 263 cannot be done if AO has taken Plausible view resulting in revenue loss

September 28, 2018 1422 Views 0 comment Print

If the view taken by the AO was a plausible view and if it results in loss of revenue, it could not be treated as prejudicial to the interests of the Revenue for the purpose of invoking the power under section 263.

Individual cannot be taxed for Property sold by HUF

September 28, 2018 4326 Views 0 comment Print

Janak Kanakbhai Trivedi Vs ITO (Gujarat High Court) It is the case of the appellant that the impugned ancestral property was actually acquired by the HUF of the appellant and that actually by mistake the appellant has given his individual PAN number at the time of execution of the sale deed. It has been argued […]

Tax Audit Due Date Extension: Allahabad HC dismisses Appeal as infructuous

September 28, 2018 2475 Views 0 comment Print

Sri Mathur has placed before us an order under Section 119 whereby the due date has already been extended by this order till 15th October, 2018. In view of the above, it appears that the matter has become infructuous as it has lost its efficacy.

Prosecution u/s 276C/277: Burden of proving absence of mens rea is upon accused

September 28, 2018 9123 Views 0 comment Print

Arun Arya Vs. ITO (J&K High Court) Under the Income-Tax Act, 1961 there are various provisions for compliance with taxing provisions and the collection of taxes. The Income-tax Act seeks to enforce tax compliance in a three fold manner; namely 1) Imposition of interests 2) Imposition of penalties and 3) Prosecutions. In the fight against […]

Tax Audit Due Date Extension: Writ in Kerala High Court Against Levy of Interest U/s. 234A

September 28, 2018 19506 Views 2 comments Print

In the case of Association Of Tax Practitioners & Hindu Economic Forum Vs. UOI filed with Kerala High Court it was argued that once an assessee is allowed to submit returns upto 15.10.2018, the department cannot demand interest under section 234A for the extended period. Hon’ble high court posted these writ petitions for further consideration on 11.10.2018.

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