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All ITAT

Income earned abroad as Non Resident cannot be taxed in India for mere receipt in Indian Bank A/c

November 17, 2017 3150 Views 0 comment Print

Pramod Kumar Sapra Vs. Income Tax Officer (ITAT Delhi) Observation that since the salary income has been received in India, i.e., it has been credited in the bank account of the assessee in India and also TDS has been deducted by the employer, this fact cannot be a determinative of the taxability of resident or […]

Transfer of property by way of GPA is not a valid transfer, So no capital gain arises

November 17, 2017 7386 Views 0 comment Print

Smt. Maniza Jumabhoy Vs. Asst. Commissioner of Income Tax (ITAT Hyderabad) Assessee has entered into is not a ‘sale deed’ as considered by the AO and CIT(A) but only an ‘agreement of sale cum Irrevocable General Power of Attorney’ for a property, which the Hon’ble Court has held that these three parties have no ownership […]

TP: Purchase of Shares of AE can’t be regarded as International Transaction

November 17, 2017 8973 Views 0 comment Print

When the transaction of purchase of shares are held to be outside the purview of the provisions of Sec.92 of the Act, we fail to understand as to how the excess price paid for acquiring shares can be treated as a deemed loan and an international transaction. We therefore find no merits in the argument advanced by the learned DR.

CIT(A) cannot affirm action of AO ex parte without giving reason for confirming the same on merits

November 17, 2017 3762 Views 0 comment Print

The Income Tax Appellate Tribunal Kolkata bench recently pronounced that Assessing Officer cannot pass an ex parte order without mentioning any reason for confirming the addition on merits under the Income Tax Act, 1961.

Co-Op Credit Society can claim Section 80P deduction on interest income from nationalized banks

November 17, 2017 3711 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) has recently held that interest income earned from nationalized banks shall be treated as business income for which deduction under Section 80P of the Income Tax Act can be claimed.

Issuance & service of notice U/s. 143(2) is mandatory & not procedural

November 17, 2017 12120 Views 0 comment Print

Pankaj Dutta Vs ITO (ITAT Kolkata) Issuance and service of notice under section 143(2) is mandatory and not procedural. If the notice is not served within the prescribed period, assessment framed would be invalid and such irregularity cannot be treated as curable under section 292BB.  FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:- This […]

TDS U/s. 194H not applies on discounts on principal to principal basis

November 17, 2017 2193 Views 1 comment Print

ITO Vs Tarun Sales (ITAT Delhi) Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the Bharat Sanchar Nigam Ltd., the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers.

Rental Income inextricably linked with setting up of project is capital receipt

November 17, 2017 987 Views 0 comment Print

M/s. DSL Vs ITO (ITAT Hyderabad)  In the present case, the rents are received on a property purchased for setting up of the project and is inextricably linked to the completion of the project. Considering the fact that the assessee had taken steps to evict tenants and also paid compensation to them while getting vacant […]

Goodwill is an asset eligible for depreciation U/s. 32 of I.T. Act, 1961

November 16, 2017 11610 Views 0 comment Print

Asst. Commissioner of Income Tax Vs. M/s Cresa Financial Services Pvt. Ltd. (ITAT Visakhapatnam) 1. This appeal is filed by the revenue against the order of the Commissioner of Income Tax (Appeals), Rajahmundry vide ITA No. 0239/13-14/ACIT/C-1/RJY/2014-15 dated 30.03.2015 for the assessment year 2010-11. 2. All the grounds of appeal are related to the depreciation […]

Sec. 54F Allowability of investment in new residential property in the name of spouse

November 16, 2017 4209 Views 0 comment Print

1. That on the facts and circumstances of the case and in law, the learned Commissioner (Appeals), XXVIII, New Delhi [hereinafter referred to as the learned CIT(A)] has grossly erred in denying the exemption to the Appellant under section 54F of the Income Tax Act, 1961.

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