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Brokerage expenses not allowed against income from house property

February 11, 2016 15053 Views 0 comment Print

ITAT Mumbai held In the case of M/s. Radiant Premises Pvt. Ltd. vs. ACIT that the phrase rent received and receivable u/s 23, contemplates the amount received for the enjoyment of the property and certain rights in the said property by the tenant.

Sec. 80P Principle of mutuality applies to Transfer fees, Non-occupancy/ Car parking charges

February 11, 2016 3332 Views 0 comment Print

ITAT Mumbai held in the case of In the case of Lands End Co-operative Housing Society Limited vs ITO, that receipt of transfer fees, Non-occupancy charges and car parking charges are covered by the principle of mutuality.

No charity in initial years cannot be sole basis for trust registration denial

February 9, 2016 933 Views 0 comment Print

As per section 12AA, the commissioner has to satisfy himself about the objectives of the Trust and genuineness of its activities and for such purpose he has the power to call for such documents or information from the assessee as he thinks necessary.

License fee for use of application software with limited right to use, is revenue expenditure u/s 37

February 7, 2016 3989 Views 0 comment Print

ITAT Delhi held In the case of GE Capital Business Process Management Serves Pvt. Ltd. vs. ACIT that M/s. GECC (USA), to whom payment has been made, itself has received the right to use the software internally including its group entities for its business and it does not have any right to commercially exploit the software.

Reassessment u/s 147 not permissible merely on change of opinion: ITAT

February 7, 2016 2477 Views 0 comment Print

ITAT Mumbai held In the case of ACIT vs. Reliance Industrial Infrastructure Ltd. that on perusal of the reasons recorded by AO for initiating the re-assessment proceedings, it is clear that the said details were available while completing the assessment u/s 143(3). Further, the AO has reopened the assessment after expiry of four years from the end of the relevant assessment year.

Addition in already assessed income not sustainable, in absence of any incriminating material found during search

February 7, 2016 883 Views 0 comment Print

ITAT Mumbai held In the case of Shri Vimal Kumar Rathi vs. DCIT that it is settled legal position that in the absence of any incriminating material found during search, additions made on the assessed income are unsustainable in law.

Step-son falls within the ambit of relative for Gift – Section 56(2)

February 6, 2016 8157 Views 0 comment Print

Samta Kamal Drolia Vs ITO (ITAT Ahmedabad) Assessee has received Rs. 2.20 Lakh from His Step Father and contended that he received the amounts in gift. The ld.AR has rejected the explanation of the assessee on the ground that the assessee is step-son of Donor, therefore, their relationship does not fall within the ambit of […]

Auditors’ Qualifications: Whether a death Knell for assessee?

February 5, 2016 1762 Views 0 comment Print

What is apparent is not always real. To reach out to the real story, one has to undertake the scavenging exercise. This daunting task undertaken by ITAT Amritsar in a recent case pronounced on 05-02-2016 to resolve the mayhem when survey documents along with auditors qualifications had apparently almost maimed the assessee.

Income from temporary letting of Property taxable as Income from House property if letting is not main object

February 4, 2016 2933 Views 0 comment Print

ITAT Delhi held In the case of G.R. Commercial Pvt. Ltd. vs. ITO that the Supreme Court in the case of Chennai Properties and Investments Ltd. vs CIT (2015) 373 ITR 673 (SC) after considering all previous judgments of Supreme Court

No addition for change in valuation of stock, where method changed in compliance of ICAI Accounting Standard

February 4, 2016 1057 Views 0 comment Print

ITAT Lucknow held In the case of ACIT vs. M/s J. K. Synthetics Ltd. that CIT (A) correctly observed that there are many judgments in which, it was held that if there is change in the method of valuation of closing stock due to mandatory requirement and that change has been consistently followed by the assessee, no addition is called for.

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