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Assessee entitled to claim additional depreciation on windmill

March 4, 2018 11229 Views 0 comment Print

Process of generation of electricity is akin to manufacture or production of an article or ‘thing’, therefore, assessee was entitled to claim additional depreciation under section 32(1)(iia) on windmill even prior to amendment of section 32(1)(iia) by Finance Act, 2012 as said amendment is only clarificatory in nature.

Addition merely on the basis of rough papers found from premises of wife of assesse not sustainable

March 4, 2018 3525 Views 0 comment Print

Rajkot bench of Income Tax Appellate Tribunal (ITAT) recently held that the notebooks and diaries found from assessee’s wife cannot be treated as Books of Accounts for the purpose of making addition under the Income Tax Act, 1961.

Interest cannot be disallowed for interest free business advances made to subsidiary companies

March 4, 2018 1260 Views 0 comment Print

M/s. Essel Pro pack Ltd. Vs. DCIT (ITAT Mumbai) Assesses has incurred expenses on behalf of certain foreign subsidiaries and Indian subsidiary and shown them under the head Advances Recoverable. The assessee has not made any non business advance to the these companies, but these amount represents various debits in the nature of sale of […]

Revenue cannot treat LTCG as STCG on the ground that assessee deliberately waited for lapse of 36 months

March 3, 2018 1923 Views 0 comment Print

The objection of the revenue that the assessee intentionally waited for mechanical lapse of 36 months and deliberately put the date on agreement as 18-11-2009 to avoid the payment of tax is not tenable.

Registration U/s. 12A/12AA cannot be denied for non-production of books & vouchers

March 3, 2018 4113 Views 0 comment Print

CIT is not justified in rejecting registration on the ground that the non-production of books and vouchers means that the genuineness of the charitable activities cannot be verified. The CIT is entitled only to examine the objects of the trust at the stage of registration and not the books of account

Addition cannot be made on the basis of unsigned impounded dumb document

March 3, 2018 2913 Views 0 comment Print

Devaram C. Bhavani Vs. ITO (ITAT Mumbai) We have given a thoughtful consideration to the notings in the impounded document, viz. Annexure A-2– Page 37 & Page 105 and are unable to persuade ourselves to be in agreement with the view taken by the lower authorities. We find that as against the working of the amount […]

Explanation to section 73 supersede provision of section 43(5)(d)

March 3, 2018 3606 Views 0 comment Print

ITO Vs. M/s. Arandi Investments Pvt. Ltd. (ITAT Mumbai) Assessing Officer treated loss in future and options (F&O) transactions as speculation loss and disallowed the same. We find that on this issue, the A.O. has referred to Honorable Delhi High Court decisions on identical issue. The Honorable Delhi High Court in the case of CIT […]

Unrecognized courses comes within the meaning of education for exemption U/s. 11

March 2, 2018 2043 Views 0 comment Print

ITO (E) Vs. M/s Young Women’s Christian Association of Delhi (ITAT Delhi) Unrecognized courses are also comes within the meaning of education or in other words, it can be said that the charitable purposes includes relief to the poor, education (yoga), medical relief, preservation of environment and preservation of monuments or placed or objects of […]

Penalty cannot be imposed for Mere ALP computation method change by TPO

March 2, 2018 1548 Views 0 comment Print

It is seen that the grounds on which the ALP determined by the assessee has been rejected are reasonably debatable. The assessee had obtained a transfer pricing study from an outside expert and the objectivity of the same was not called into question.

Smallness of amount of additions vis-a-vis returned loss is a bonafide explanation

March 2, 2018 1026 Views 0 comment Print

Balaji Motion Pictures Ltd. Vs. DCIT (ITAT Mumbai) The assessee has given an explanation that keeping in view smallness of the amount being addition of Rs. 2,16,441/- and also keeping in view that the assessee had claimed a loss of more than of Rs. 9 crores in the return of income filed with the Revenue […]

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