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Section 54F: Jointly owned house will not be considered in house property calculation

April 18, 2018 34773 Views 3 comments Print

Word own in s. 54F would include only the case where a residential house is fully and wholly owned by assessee and consequently would not include a residential house owned by more than one person.

Non issue of notice U/s. 143(2) invalidates reassessment

April 18, 2018 3786 Views 0 comment Print

A.M. Muthiah & Anr. Vs DCIT (ITAT Mumbai) Issuance of notice under section 143(2) is mandatory, and absence thereof invalidates even a reassessment made in pursuance to section 148 and reliance placed by AO on section 292BB was misplaced.

TDS U/s. 194C not deductible on Reimbursement of haulage charges paid by C & F agents

April 18, 2018 9066 Views 0 comment Print

ACIT Vs Swastik Pipes Ltd. (ITAT Delhi) The assessee produced documentary evidences in support of its contention which had not been rebutted by AO and since impugned payments were in the form of reimbursement and no payments were made by assessee directly to shipping companies, therefore, assessee was not liable to deduct tax under section […]

S. 271B No penalty for non-furnishing of audit report within due date if same was obtained before due date

April 17, 2018 12885 Views 0 comment Print

We find that the audit report was obtained within section 139(1) time limit is not in dispute. It is also not in dispute that the copy of audit report was furnished to the Assessing Officer as and when the Assessing Officer called for the same.

Section 50C not applicable to cold storage building

April 17, 2018 1764 Views 0 comment Print

Provisions of section 50C of the Act is not applicable to the cold storage building so to substitute actual sale consideration by deemed sale consideration and the order of the Assessing Officer passed under section 147/143(3) of the Act cannot be a subject matter of section 263.

Benefit Match Proceeds not Taxable: ITAT Relief to cricketer Sameer Dighe

April 17, 2018 1932 Views 0 comment Print

This appeal by the Revenue is arising out of the order of Commissioner of Income Tax-30, Mumbai [in short CIT(A)], in appeal No. CIT(A)-30/AC19(3)/238/2014-15 dated 03-12-2015. The Assessment was framed by the Asst. Commissioner of Income Tax

Bogus Capital Gain- Addition cannot be made merely on assumption that brokers may have done manipulation

April 16, 2018 2394 Views 0 comment Print

Assuming that the brokers may have done some manipulation but the assessee cannot be held liable for the Act of the brokers when the entire transactions have been done through banking channels duly recorded in the Demant accounts with a Government depository and traded on the stock exchange.

Section 54 not mandates completion of construction with 3 years

April 16, 2018 7635 Views 0 comment Print

Various courts have held that if assessee invests the amount in purchase / construction of building within the stipulated period and the construction is in progress, then the benefits of exemptions under section 54 / 54F, cannot be denied to the assessee.

Provision for warranty made on scientific way and based on past history is allowed as deduction

April 16, 2018 2178 Views 0 comment Print

Provisions for expenditures have to be made in the reasonable way otherwise the same may be disallowed while computing the income and tax thereon of an assessee

Provision for doubtful advances not allowable as Bad debts U/s. 36(1)(vii)

April 15, 2018 40449 Views 0 comment Print

As we are dealing with admissibility of expenditure u/s 37 and not u/s 36(i)(vii) according to which, there must be an expenditure at the first instance which has crystallized during the impugned AY as against deduction u/s 36(i)(vii) which is allowable to the assessee the moment bad debt is written off in the books of accounts, notwithstanding the fact that whether the same has actually become bad or not.

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