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Company with extraordinary events cannot be considered as comparable

December 28, 2016 2220 Views 0 comment Print

ITAT held that on account of extra ordinary events viz. acquisition of IQ group of companies and amalgamation of Accentia Infoserve Pvt. Ltd with Accentia Technologies Ltd, the said company cannot be considered as good comparable.

Section 50C Market Value on sale deed date or stamp duty value on sale agreement date

December 23, 2016 10675 Views 2 comments Print

For determination of capital gains according to section 50C market value of property as on date of sale deed or stamp duty value as on date of agreement to sale: which has to be taken?

Land cannot be classified as non-agricultural for mere agricultural activity absence

December 23, 2016 4591 Views 2 comments Print

Whether an agricultural land held by assessee, which is suitable for agricultural operation, loses the characteristics of agricultural land merely because no agricultural operation was carried by assessee on such land?

Deduction u/s 80IC cannot be claimed for more than 5 years for units Set Up in specified areas in Himachal Pradesh

December 16, 2016 2556 Views 0 comment Print

M/s Shree Dhanwantri Herbals Vs. DCIT (ITAT Chandigarh) Benefit of deduction u/s 80IC of the Act @ 100% was available to new units, only on the setting up of the unit and not on account of substantial expansion undertaken by it. It was further held that there can be only one initial assessment year for […]

AO can look-into ESOP sale Income based on Form 16 during I-T Return Processing

December 16, 2016 801 Views 1 comment Print

Dr. S. Muthian Vs ACIT (ITAT Chennai) Sec.143(3) of the Act contemplates two methods of assessment being made vis-a -vis a return filed by an assessee. Wherever, the AO wants to scrutinise the return of income, he has to issue notice u/s.143(2) of the Act so as to complete the assessment u/s.143(3) of the Act. […]

ALP not to be tested with growth in business rather by applying suitable method to transaction itself

December 13, 2016 1240 Views 0 comment Print

ITAT Delhi held that as to whether a transaction is entered into at an Arm’s Length Price or not must depend upon the facts of each case relating to the transaction per-se i.e. the transaction itself as the profit is only a possibility of the desired result with or without the aid of international transaction.

Mere share transfer agreement does not cause effective share transfer unless accompanied with Transfer form & Share Certificates

December 9, 2016 4926 Views 0 comment Print

In the case of shares of unlisted companies, transfer would take place, only when valid share transfer form in form no. 7B is delivered to the company and endorsed by the Company. Therefore, for effective transfer of shares a mere agreement for transfer of shares is not sufficient, unless it is physically transfer shares by delivery of share certificate along with duly signed and stamped share transfer form.

Compensation for Loss of opportunity to do business is a capital receipt

December 9, 2016 4933 Views 1 comment Print

ITAT held that compensation received for loss of business activity is a capital receipt as it is injury to the profit making apparatus and not the loss of profits. Therefore, in the present case , non-supply of land by supplier which was to be used by the consortium was injury to profit making apparatus and hence capital receipt.

Contribution by CA firm towards ICAI building is allowable expenditure

November 30, 2016 3760 Views 0 comment Print

Brief– By donating the amount, the firm had been able to attract good Articled Clerks and other professional persons who are the backbone of any professional practice. Thus there was a good professional reason for the firm to contribute to the building fund of the Branch of the ICAI. The said payment satisfies the commercial […]

Section 54F exemption not available house acquired is demolished within 3 years

November 30, 2016 5109 Views 0 comment Print

Assessee will be entitled for benefit of deduction U/s. 54F of Act if he demolished new asset being residential house purchased by him within period of three years from the date of purchase in violation to Section 54F(3) of Act.

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