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Section 14A / Rule 8D not applies to short-term investments

July 19, 2013 4895 Views 0 comment Print

Some of the investments made by the assessee are short term. Since assessee is paying capital gains tax on short term investments, the provisions of Rule 8D will not apply on them. The Assessing Officer is directed to re¬compute dis-allowance u/s. 14A r.w.r. 8D after excluding short term investments.

ITAT explains Tax Treatment of ESOP discount (difference between market & issue price)

July 18, 2013 3744 Views 0 comment Print

Discount under ESOP is in the nature of employees cost and is hence deductible during the vesting period w.r.t. the market price of shares at the time of grant of options to the employees. The amount of discount claimed as deduction during the vesting period is required to be reversed in relation to the unvesting/lapsing options at the appropriate time.

S. 194C No TDS on Transport Charges in absence of Agreement with Transporter

July 17, 2013 14873 Views 0 comment Print

There is no contract between the assessee and the transporter and the section 194C is applicable to work contract. The learned CIT(A) has found that in the instant case the clearing and forwarding contractor appoints for transportation of goods

No Disallowance U/s. 14A r.w. Rule 8D for Investments in subsidiaries

July 17, 2013 3875 Views 0 comment Print

The first issue in the appeal of the assessee relates to dis-allowance made u/s. 14A r.w.r. 8D. The Assessing Officer has made dis-allowance to the tune of Rs. 4,32,66,500/-. The contention of the assessee is that the assessee has earned dividend income of Rs. 4.6 Lakhs which is fully exempt u/s.

No Section 14A/ Rule 8D Disallowance without considering the the claim of the assessee

July 16, 2013 6754 Views 0 comment Print

The assessee earned income by way of dividend. During the assessment u/s 143(3) of the Income Tax Act, 1961. The AO asked the assessee for the details of expenditure incurred for earning the exempted income (dividend income).

Sec. 54 Expression ‘a residential house’ cannot be interpreted as ‘a single residential unit’

July 10, 2013 24551 Views 0 comment Print

Assessee, owner of a residential property, entered into a development agreement for construction of flats with a developer. Under agreement, assessee received 7 flats towards his share. He claimed exemption u/s 54F on the entire amount of capital gain.

Transfer of leasehold rights in land and building would not attract provisions of section 50C

July 8, 2013 16822 Views 1 comment Print

Assessee has sold/transferred a lease hold landed property at 36, SSGT road, Industrial area, Ghaziabad at a consideration of Rs.3,25,00,000/- to Sara exports Ltd. The said lease hold property was acquired by the assessee way back in 1971 as per the original elase deed dt. 26.8.71

Compensation for termination of MoU which enables assessee to carry on business of mining is a capital receipt on account of loss of ‘source of income’

July 8, 2013 919 Views 0 comment Print

The assessee is a Company and is engaged in the business of manufacturing and trading of facilities of sponge iron from iron ore, steel melting section for manufacturing of MS ingots from sponge iron and MS scrap, a rerolling mill for manufacturing of constructional and structural steels

No Addition based on mere statement recorded u/s 132(4) in the absence of Supporting evidences

July 8, 2013 7284 Views 0 comment Print

A search and seizure operation was carried out at the premises of the assessee on 22.11.2006. Assessee is an individual filed the return of income at Rs.5,88,06,735/- on 02.09.2008. This amount included undisclosed investment in jewellery of Rs. 12,85,777/-

Intellectual Dishonesty – of CA or CIT? Cost to be imposed on CA or CIT?

July 5, 2013 5544 Views 0 comment Print

The assessee had categorically stated that the assessee had claimed deduction under the provisions of section 10B for the first time in the assessment year 1995-96. This fact has been admitted by the Revenue in the assessment year 1999-2000. The assessee has placed on record the order of the CIT(A) dated 21.10.2005 relevant to the assessment year 1999-2000 at page 10 to 16 of the paper book.

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