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Section 68 Cannot be invoked if Creditor’s Identity, Mode of Payment & Repayment proved

September 23, 2015 1100 Views 0 comment Print

In the case of M/s. Jindal (India) Textiles Vs. ITO the Hon’ble ITAT held that once creditors’ identity, mode of payment and repayment, assessee’s books of accounts proved the impugned credit transactions

Keyman insurance expenses allowable if conditions u/s 10(10D) fulfilled

September 23, 2015 4926 Views 0 comment Print

In the case of Suri Sons vs. ACIT – ITAT Amritsar has held that that once life insurance policy has been sold as a life insurance policy on the keyman to the business, as long as it is in the nature of life insurance policy

Bonafide mistake in Disclosure of income under wrong head – No penalty u/s 271(1)( c)

September 20, 2015 6278 Views 0 comment Print

ITAT New Delhi held in Simran Singh Gambhir Vs DDIT International Taxation that if the assessee had disclosed the income by mistake under wrong head of income and that mistake was bonafide then the same could not be treated as an undisclosed income and penalty u/s 271(1)( C) could not be levied.

Compensation received towards damage to the land is capital receipt

September 19, 2015 5165 Views 2 comments Print

The assessee has an agricultural land. During A.Y. 2010-11, M/s Indian Oil Coproration Ltd, had laid down the underground pipe-line. The Land of the assessee was in the way of pipe line to be laid down. For digging of land and laying the pipe-line, the Indian Oil Corporation Ltd.

Where all critical functions & risk is assumed by AEs, it is not permitted to re-characterize the facilitation service provided as trading activity

September 19, 2015 829 Views 0 comment Print

The two appeals filed against the order passed by the Deputy CIT were identical in facts and the issues rose. The core issue involved was the addition made by the AO on account of Arm’s length price determined by Transfer Pricing Officer and confirmed by Dispute Resolution Panel.

Imputed interest computed on deemed loan resulting from issue of equity shares less than the fair market value is not legally sustainable

September 19, 2015 1432 Views 0 comment Print

First Blue Home Finance Ltd vs DCIT (ITAT Delhi)- The assessee was 100% Indian subsidiary of BHW Holding AG (BHW Germany) and was engaged in the business of providing loans to retail customers for the construction or purchase of residential properties in India.

Addition based on third party evidence not tenable if no evidence found from assessee

September 19, 2015 8665 Views 0 comment Print

Shri Vinit Ranawat vs. ACIT (ITAT Pune)- Referring to the provisions of section 153A he submitted that the same is to be invoked for making an assessment of the person searched on the basis of the material found during the course of search on that person.

Assessment order liable to set aside, if JCIT approval is without application of mind

September 19, 2015 1660 Views 0 comment Print

In the case of Smt. Shreelekha Damani, vs. The DCIT (OSD-1)CR-7 ITAT has held that In our considered opinion, the power vested in the Joint Commissioner/Addl Commissioner to grant or not to grant approval is coupled with a duty.

No Penalty for disallowance based on accurate particulars submitted during scrutiny

September 17, 2015 5937 Views 0 comment Print

In the case of ITO vs. M/s Besto Tradelink (P) Ltd ITAT Ahemdabad) – Assessing Officer has computed the other disallowances of interest amount and the one under section 40A(3) only on the basis of assessee’s accurate particulars already submitted on record in the course of scrutiny.

Addition made on account of third party evidence without establishing identity of Assessee not valid

September 16, 2015 4061 Views 0 comment Print

In case of Prabhat Chandra S Jain Vs. ACIT Pune bench of ITAT have held that where it is not established that name PC Jain of Mumbai written in the said document was in fact the assessee before us and in the absence of any evidence having been found to establish that the assessee

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