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Bogus Capital Gains from Penny Stocks- HC upheld the addition

April 7, 2019 6807 Views 0 comment Print

Udit Kalra Vs ITO (Delhi High Court) In the case there was a specific information that assessee has indulged in non-genuine and bogus capital gain obtained from the transactions of purchase and sale of shares of M/s Kappac Pharma Ltd., a Mumbai based company. It is noticed that the purchase transaction has been done off […]

Commissioner cannot revise order in respect of issue not adjudicated by Settlement Commission

April 7, 2019 2184 Views 0 comment Print

Mandhana Industries Ltd Vs Pr. CIT (Bombay High Court) On reading the provisions contained in Chapter XIX-A of the Act, a clear picture that emerges is that an assessee can apply for settlement of a case as long as same is pending. Once such an application is filed (and in case of application filed before […]

In absence of any exempt income disallowance U/s. 14A not permissible

April 7, 2019 2163 Views 0 comment Print

ITAT relied upon the ruling of this Court in Cheminvest Limited vs. Commissioner of Income Tax-VI, (2015) 378 ITR 33 which ruled in the absence of any exempt income, disallowance under Section 14-A of the Act of any amount was not permissible.

Deemed dividend if Lender and borrower have common shareholder?

April 7, 2019 1347 Views 0 comment Print

CIT Vs Ms. Mustang Leather Pvt. Ltd. (Allahabad High Court) A deemed dividend could only have been assessed in the hands of a person who is shareholder of the lender company and not in the hands of the borrowing concern in which such shareholder is a member or partner having substantial interest. Admittedly, in the […]

Reference to DVO when assessee relied on estimate made by Registered Valuer

April 7, 2019 1005 Views 0 comment Print

Pr. CIT Vs Late Shantaben P. Patel (Gujarat High Court) In this case Since assessee had relied on the estimate made by the Registered Valuer for the purpose of supporting its value of the asset, any such situation would be governed by clause (a) of section 55A and AO could not have resorted to clause […]

Provision for warranty made on scientific basis is allowable

April 7, 2019 2844 Views 0 comment Print

Grundfos Pumpas India case: Where the provision was made on a scientific basis and not on an adhoc estimate, deduction in respect of provision for warranty was allowed

Non-Competent Fee from sale of Business Asset taxable as LTCG

April 6, 2019 672 Views 0 comment Print

Pr. CIT Vs M/s. Monsanto India Ltd. (Bombay High Court) Tribunal recorded that the Non ­Compete Agreement was part of the agreement for the sale of the business. Under this Agreement, the Assessee could be seen to have transferred the right to manufacture the product in question. The Tribunal, therefore, was of the opinion that […]

Cancellation of F Forms issued to Petitioner by dealers: HC Grants interim stay

April 6, 2019 1731 Views 0 comment Print

Sheel Chand Agroils (P) Ltd. Vs Government of NCT of Delhi & Anr. (Delhi High Court) Rule 8A of the CST Delhi Rules makes the issuance of manual forms redundant. All forms now are generated electronically through the website of the DTT and qua particular transactions/suppliers. He accordingly submits that there was no occasion for […]

Deduction U/s. 80IB(10) cannot be denied merely because Assessee developer being not the owner of land

April 6, 2019 819 Views 0 comment Print

Pr. CIT Vs Green Associates (Gujarat High Court) Assessee had claimed deduction in respect to the income arising out of such activity under section 80IB (10) of the Income Tax Act. The Assessing Officer disallowed the claim mainly on the ground that the assessee was not the owner of the land and the approval of […]

Manufacture of herbal product from herbs, manually and with use of small machinery, eligible for deduction u/s 80IA

April 6, 2019 1131 Views 0 comment Print

Deduction u/s 80IA eligible when herbal product is manufactured from herbs, manually and with the use of some chemicals and small machinery.

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