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STT paid Long Term Capital Loss Can be Set Off against Non-STT paid Long Term Capital Gains

July 25, 2020 11946 Views 0 comment Print

The issue under consideration is whether the long-term capital gain on sale of non-STT paid shares can be set off against long-term capital loss arising from STT paid shares?

AO recorded reasons on same returned income- Reassessment Invalid

July 25, 2020 2034 Views 0 comment Print

AO recording reasons on same returned income considering escaped assessment but making various other additions of other than accepted returned income declared invalid and deleted in light of Explanation 3 and held issuance of fresh notice u/s 148 on other issues is mandatory.

Goodwill is Intangible Asset & Depreciation allowed

July 25, 2020 2505 Views 0 comment Print

It is now fairly well settled that goodwill being an intangible asset, depreciation has to be allowed. In view of the aforesaid, we direct the Assessing Officer to allow assessee’s claim of depreciation of  on goodwill.

Section 41(1) addition cannot be made merely for non-confirmation by creditors

July 24, 2020 4086 Views 0 comment Print

Non-appearance or non-response of creditors could not be sole ground to draw an adverse inference against assessee, when assessee had filed necessary evidence to prove that liability was genuine in nature, which was subsequently paid back by converting said liability into share application money.

Section 54F exemption cannot be denied for Home Loan default

July 24, 2020 9993 Views 0 comment Print

The issue under consideration is whether the default in home loan by the owner of the property can be the reason to disallow the capital gain deduction u/s 54F of the Income Tax Act, 1961?

Assessee can claim section 10A exemption on section 10B exemption denial

July 24, 2020 2070 Views 0 comment Print

Krythium Solutions Private Limited Vs ACIT (ITAT Cochin) The issue under consideration is whether claiming deduction u/s 10A of the Income Tax Act through filing revised return is justified in law? ITAT states that the CBDT Circular No.14 (XL-35) dated 11.04.1955 has clarified that the revenue shall not take advantage of ignorance of the assessee […]

Gift not unexplained merely because donor holds Low Economic class Ration Card

July 24, 2020 846 Views 0 comment Print

The issue under consideration is whether the Ration Card can be considered as a source of determining financial status of assessee and whether gift from person holding Ration Card of Low Economic class can betreated as unexplained Credit under section 68 of Income Tax Act, 1961 ?

Notional Interest on loan to AE assessable as income, if assessee having PE in India

July 24, 2020 3657 Views 0 comment Print

Whether notional interest income on the loan (interest-free) that was advanced by the assessee to its AE would be assessable as the income of the assessee which has a business connection or Permanent Establishment (PE) in India?

ITAT upheld Penalty u/s 271AAB(1) on Undisclosed Investment

July 24, 2020 1623 Views 0 comment Print

Pawan Mundra Vs DCIT (ITAT Jaipur) The issue under consideration whether AO is justified levying penalty under section 271AAB on failure to offer explanation about the source of the undisclosed investment in land? ITAT states that during course of post search proceedings, assessee admitted an income of Rs. 6,00,000 on account of undisclosed investment in […]

Section 54/54F exemption: ITAT directs AO to consider additional evidence

July 24, 2020 1026 Views 0 comment Print

The issue under consideration is whether the tribunal can give fresh opportunity to the assessee to submit evidence which assessee might not have been able to provide at the time of hearing?

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