Sponsored
    Follow Us:

All ITAT

Section 54/54F – Amount paid towards booking is to be treated towards ‘construction’

May 5, 2014 3888 Views 0 comment Print

Coming to a concomitant situation that if booking of flats does not tantamount to ownership of the house then how come the assessee claim that by booking a flat it has acquired ‘new house’ and becomes entitle for this exemption.

No disallowance U/s. 14A for investment in shares of subsidiaries & Joint Ventures

May 4, 2014 4139 Views 0 comment Print

For the year under consideration the assessee has specifically raised a point before the AO that 97.82% of the investment is in the subsidiary companies and joint venture companies and, therefore, no expenditure was incurred for maintaining the portfolio on these investments

Technical infirmity, is of no practical significance if additions on merits cannot be sustained

May 3, 2014 1445 Views 0 comment Print

“As evident from a plain look at the ground of appeal, the actual grievance of the appellant is not on merits but on the legal issue regarding limitations on the powers of the CIT(A) on the ground that post 1st June 2001

Adjustment in book profit for depreciation not permissible in depreciation amount is certified by the auditor

May 3, 2014 4356 Views 0 comment Print

It is an admitted fact that the assessee has changed the method of depreciation from straight line method to written down value method. Deprecation has been calculated in accordance with the new method from the date of assets coming into use.

Subscription to chit funds cannot be regarded as investment U/s. 13(1)(d) RW 11(5)

April 28, 2014 16707 Views 0 comment Print

Sri Sivani Educational Society Vs. ITO (ITAT Visakhapatnam) Chit fund business is governed by the principles of mutuality and contribution to a chit fund is contribution to oneself on the principle of mutuality and hence, it is not an investment as contemplated by section 13(1)(d) read with section 11(5) of Income Tax Act, 1961. As […]

Addition for Subscription to share Capital by Kolkata based companies

April 21, 2014 4635 Views 0 comment Print

The Hon’ble Supreme Court in the case of CIT Vs. Lovely Exports Pvt. Ltd. (supra), has held that if the share application money is received by the assessee company from alleged bogus shareholders whose names are given to the AO then the department is free to proceed to reopen their individual assessment in accordance with law but it cannot be regarded as undisclosed income of the assessee company.

Addition for loan received after deposit of Cash in Bank Account of loaner

April 21, 2014 4003 Views 0 comment Print

It is a fact that the assessee is not required to prove the source of source of the amount found credited in the accounts of loan creditors as held by the Hon’ble Delhi High Court in the case of Dwarik Dwarikadhish Investment (P.) Ltd. (supra) and CIT vs. Diamond Products Ltd. (supra).

ITAT Confirms Addition of 1% Commission on Hawala / Bogus Turnover

April 21, 2014 5008 Views 0 comment Print

The Assessing Officer as well as Commissioner of Income tax (Appeal) has failed to determine the correctly the hawala Income. The appellant has issued Bills i.e. Sales Bills to the commercial world i.e. the needy persons. Who has paid the appellant the Hawala Commission.

Benefit U/s. 54 / 54F on property jointly held by assessee with wife for Security Purposes

April 5, 2014 6180 Views 0 comment Print

Issue for consideration is in relation to allowing deduction under sec. 54 of the Act in respect of the whole of the amount invested by the assessee in the purchase of residential house. The assessee purchased residential property at C-602, The Residency, Ardee City, Gurgaon in joint name with his wife Smt. Ritu Verma and claimed deduction under sec. 54 of the Act in respect of amount of Rs. 80,00,000/- invested in residential property.

If willingness of developer to perform his obligations cannot be ascertained, there is no ‘transfer’ u/s 2(47)(v) r.w.s. 53A

April 4, 2014 2452 Views 0 comment Print

It is an undisputed fact that as on date, there was no developmental activity on the land which is subject matter of development agreement. The process of construction has not been even initiated and no approval for the construction of the building is obtained.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031