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ITAT confirms Addition to Income of Priyanka Chopra

January 28, 2018 4542 Views 0 comment Print

IT search and seizure case of Priyanka Chopra: with reference to the materials found specific amount to various heads given wherein the undisclosed income had been utilized, later on retraction by her mother: additions to income held to be justified

Registration U/s. 12AA cannot be cancelled merely because collection exceeds threshold limit provided u/s 2(15)

January 25, 2018 1092 Views 0 comment Print

CBDT has also clarified that in view of this position, it shall not be mandatory, for the registration granted u/s 12AA of the Act to a charitable institution, to be cancelled merely on the ground that the cut off specified in the proviso to section 2(15) of the Act is exceeded in a particular year without there being any change in the nature of the activities of the institution

Assessee is entitled to deduction for payment of gratuity to LIC

January 25, 2018 14760 Views 0 comment Print

In the instant case the assessee has made the payments to the LIC towards group gratuity scheme directly in approved schemes. The assessee has also obtained the policy in favor of the bank. The assessee has no control over the funds contributed to LIC towards the gratuity.

Deduction U/s. 54F cannot be denied for construction of house on land owned by mother

January 25, 2018 12087 Views 0 comment Print

Merely because the new house is constructed on a plot of land owned by the mother of the assessee will not disentitle the assesee for claim of deduction u/s 54F of the Income Tax Act.

S. 2(47) | Holding period | Time of agreement to sale vs. execution of sale deed

January 25, 2018 4146 Views 0 comment Print

Holding period for purpose of transfer u/s 2(47) was to be considered from the time of agreement to sale instead of execution of sale deed

Penalty cannot be imposed for Bonafide omission during return filing, surfaced during Section 148/148 Assessment

January 25, 2018 3405 Views 0 comment Print

In the instant case, nothing is on record to show that there was any malafide intention on the part of the assessee to conceal the income or furnish inaccurate particulars of income and there was an omission while filing the return of income which was rectified through challan on the very date of passing the assessment order.

Section 54F deduction not allowable if Purchase of new property not concluded

January 25, 2018 2745 Views 0 comment Print

Mahesh Malneedi Vs ITO (ITAT Hyderabad) As far as the assessee is concerned, he was aware of the bank loan and also the default committed by the vendor in repaying the loan. Thus, the property was not without an encumbrance as on the date of filing of the return and there was no certainty of […]

Section 92B- Deemed international transaction- Termination of Option rights under agreement

January 23, 2018 48117 Views 0 comment Print

Vodafone India Services Pvt Ltd Vs. DCIT (ITAT Ahmedabad)  97. The question that we really need to address ourselves to is whether the above arrangement constitutes an ‘international transaction’. However, before we do so, it is only appropriate that we take a look at the relevant definitions under the Income Tax Act, 1961. Section 92 […]

Directions of JCIT or CIT cannot only be reason to believe for reopening of assessment

January 22, 2018 1776 Views 0 comment Print

In the present case, a perusal of reasons for initiating reassessment proceedings clearly show that they are against the sprit of provisions of section 147 of the Act. The AO has issued notice under section 148 of the Act on the directions of JCIT and CIT. The learned Members of the ITAT held that in our considered opinion the notice issued under section 148 of the Act was bad in law and the subsequent proceedings arising there from are vitiated.

100% Deduction U/s. 80IC allowable on Substantial expansion of eligible unit

January 21, 2018 1629 Views 1 comment Print

Friends Alloys Vs ACIT (ITAT Chandigarh) From perusal of the order of the AO, it was found that the AO had not disputed that the assessee had carried out substantial expansion as provided under clause (b) of sub-section (2) read with clause (ix) of sub-section (7) of section 80-IC. Hence, the impugned order of the […]

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