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Cost of Land Conversion from Leasehold to Freehold allowable as Improvement Cost

July 9, 2021 14772 Views 0 comment Print

Sujit Majumdar Vs ITO (ITAT Allahabad) The issue before us is within narrow compass and concerns itself with the allowability of deduction u/s 48 towards cost of improvement with respect to amount paid by the assessee towards his share towards conversion of aforesaid property from leasehold to freehold. We have also carefully gone through the […]

Assessee cannot be published for its bona fide mistake in registering as local authority instead of AOP

July 8, 2021 1146 Views 0 comment Print

If the assessee by mistake has wrongly registered itself under a wrong category that does not mean that the said mistake is not curable or that the assessee is to be punished for its bona fide mistake

Section 68: Sale of shares cannot be added when purchase not doubted

July 7, 2021 4242 Views 0 comment Print

No action appears to have been taken in the preceding assessment year treating the purchase of the shares as bogus. Therefore, once such bogus purchase is sold then the entire amount, in my opinion, cannot be added u/s 68 of the IT Act, 1961.

Assessee not become beneficial Owner because in account opening form name of the Assesse written as beneficial Owner

July 7, 2021 2622 Views 0 comment Print

Addl. CIT Vs Jatinder Mehra (ITAT Delhi) It is apparent that assessee does not own any share capital in case of Watergate advisors Limited as well as it also does not controls the above company as he does not have any shareholding or management rights in that With respect to the mention of the name […]

‘Deemed Dividend’ provisions not applicable if Advances were given to Shareholder for Business Purpose

July 6, 2021 2535 Views 0 comment Print

ACIT Vs Krishna Coil Cutters Pvt. Ltd. (ITAT Ahmedabad) On facts, it has emerged that the lender company has charged interest on the advances made to the assessee company. In the circumstances, the Hon’ble Calcutta High Court in the case of Pradip Kumar Malhotra vs. CIT (2011)338 ITR 538(Cal) has observed that advances given by […]

No Royalty on sale of software & no Fees for Technical Services on back-office services

July 6, 2021 3783 Views 0 comment Print

M/s. QlikTech International AB Vs DCIT (ITAT Bangalore) Bangalore ITAT rules out royalty on distribution of software and holds that software payments are not taxable in India by placing reliance on landmark rulings in case of Engineering Analysis Centre of Excellence. It further held that back office services don’t qualify as Fees for Technical Services […]

Subsidies to accelerate industrial development & promote employment opportunities is capital receipt

July 6, 2021 774 Views 0 comment Print

Inox Air Products Private Limited Vs ACIT (ITAT Pune) The issue in the present appeal relates to the subsidy received by the assessee company is whether in the nature of capital or revenue. There is no need to extract the schemes of the subsidy policies of the respective States as the Assessing Officer had set […]

Reassessment vitiated if required procedure not been followed

July 5, 2021 2910 Views 0 comment Print

Sh. Chand Singh Vs DCIT (ITAT Delhi) n the present case it is an undisputed fact that there was a failure by the AO to comply with the mandatory requirement of disposing of the objections raised by the assessee to the reopening of assessment in terms of the law laid down by the Hon’ble Supreme […]

Income of assessee chargeable to tax as principle of mutuality not applies

July 5, 2021 831 Views 0 comment Print

Yum! Restaurants Marketing Private Ltd. Vs ITO (ITAT Delhi) The assessee’s first claim with respect to the income of the assessee not chargeable to tax because of principles of mutuality has already been decided by the Hon’ble Supreme Court in assessee’s own case reported in 424 ITR 630. The Hon’ble Supreme Court dismissed the appeal […]

Loss on purchase of commodities which was not delivered in actual would be treated as business loss

July 5, 2021 11199 Views 0 comment Print

The loss arising on account of payment made towards purchase of commodities, which were never delivered to assessee, shall be allowable as regular business loss u/s 28 of the Act and the said loss cannot be considered as speculative.

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