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A person cannot be treated as Trustee merely on the ground that he is supervising substantial activities of Trust

August 2, 2021 1788 Views 0 comment Print

ITO Vs The Inclen Trust International (ITAT Delhi) AO made an addition of Rs.37,19,000/- being the excessive remuneration paid to Dr. N.K. Arora. On the one hand, he is being considered a specified person as a de facto trustee and on the other hand, he is being admitted as working under the trust and his […]

Examine Form No 15G/15H of depositor to whom Interest is paid- ITAT directs AO

August 2, 2021 1782 Views 0 comment Print

Canara Bank Vs DCIT (ITAT Delhi) The fact of this case clearly shows that original order passed u/s 201(1) and 201(1A) of the Act on 24.03.2014 where the Assessee was found to be an assessee in default and also charged interest thereon comprising all the above sum. The appeal before the ld CIT(A) was filed […]

HUF eligible to claim section 54B exemption

August 1, 2021 2322 Views 0 comment Print

Sitaram Pahariya (HUF) Vs I.T.O (ITAT Agra) The bare reading of section 54B,( prior to amendment ) make it abundantly clear that the benefit of section 54 are available to assessee or a parents of his. However, the assessee has been defined in section 2(7) means every person in respect of whom any proceeding under […]

Cash deposited in Bank out of Sale of Land is directly connected

August 1, 2021 7155 Views 0 comment Print

Surat Singh Vs ITO (ITAT Delhi) The second ground of argument of the learned authorised representative is that the learned assessing officer has reopened the case of the assessee for the purpose of verification of the cash deposited in the savings bank account as income escaped. The learned assessing officer has not made any addition […]

Written off of stock allowable if the same had no realizable value

July 30, 2021 7725 Views 0 comment Print

Since the major write off claim evidently pertained to vaccines which assessee consistently claimed had been nearing expiry and thus had no realizable value and nothing had been pointed out regarding the insufficiency of evidences filed by assessee, therefore, the claim of assessee was fully justified for write off  of vaccines since undoubtedly such vaccines were not capable of being used beyond expiry period and had no realizable value thereafter.

Reopening assessment under Section 148 without recording reasons is bad in law

July 29, 2021 3687 Views 0 comment Print

In present facts of the case, it was observed that in the absence of  reasons, the jurisdiction assumed under section 148 of the Act to reopen a completed assessment is clearly void ab initio and consequently, assessment order is bad in law.

No section 56(2)(vi) addition for Gift received from brother-in-law

July 29, 2021 1779 Views 0 comment Print

Y. C. Kallinatha Vs ACIT (ITAT Bangalore) The assessee had received a gift of Rs.22.50 lakh from Shri T.C.Shivakumar, who is brother-in- law of the assessee. The assessee had considered the transaction not coming within the purview of section 56(2)(vi) of the I.T.Act since gift was received from a relative covered under the definition of […]

Reassessment valid as AO formed prima facie opinion for escapement of income

July 29, 2021 1146 Views 0 comment Print

Electrotherm (India) Ltd. Vs DCIT (ITAT Ahmedabad) Conclusion:  Since AO after applying his mind on information received from VAT Department arrived at the conclusion, based on the reasons to believe that income of assessee had escaped assessment. and at the time of issuing notice under section 148 AO had formed prima facie opinion for escapement […]

Section 194LA TDS not attracted if it is not possible to quantify value in monetary terms

July 28, 2021 1257 Views 0 comment Print

Chief Accounts Officer Vs ITO (ITAT Bangalore) Provisions of section 194LA of the Act would apply only in the case of a compulsory acquisition and not to a case where lands were surrendered by land owners under section 14B of KTCP Act. Hon’ble High Court also held that since BBMP is not paying consideration for […]

Mere filing of voluminous correspondence, reports etc. not a proper compliance

July 27, 2021 993 Views 0 comment Print

M/s. Exide Life Insurance Company Ltd. Vs ACIT (ITAT Bangalore) The assessee has in the present case filed material before the TPO to demonstrate the nature of services rendered. In the paper book filed before us the index of the paper book gives a description of the service. We are of the view that the […]

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