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Income-Tax Payment made by Assessee is Application of Income & it is Eligible for Deduction u/s 11

June 9, 2020 4863 Views 0 comment Print

The issue under consideration is whether the Income-tax payment made by assessee is an application of income and will be eligible for deduction u/s 11?

ITAT remands back matter to CIT(A) for not adjudicating the ground raised properly

June 9, 2020 1035 Views 0 comment Print

TAT states that the order passed by CIT(A) is not clear in as much way the ld. CIT(A) has given a general direction without having regard to the factual aspects of ‘receipts and expenditure’ relating to exhibitions presented before ITAT. A clear cut direction from ld. CIT(A) in this regard would be helpful to both the assessee and the AO.

Section 56(2)(vii)(b) cannot be Invoked in case of Agricultural Land

June 8, 2020 5250 Views 0 comment Print

The issue under consideration is whether the provisions of section 56(2)(vii)(b) can be invoked in case of agricultural land where it doesn’t qualify as falling in the definition of capital asset?

AMP expense can’t be disallowed, Merely because Excess amount has been spent on Advertisement

June 8, 2020 981 Views 0 comment Print

Whether the TPO was legally justified in holding that AMP expenditure was not an international transaction even though the assessee was performing DEMPE functions for its AE and doing activity of brand building?

Section 14A apply on investment made for acquiring controlling interest 

June 7, 2020 3126 Views 0 comment Print

Hence, the contention of the assessee investment made for acquiring controlling interest in Dabur India Ltd should not be subject to disallowance under section 14A is rejected.

Section 55: AO cannot reject valuation report without proving lesser valuation

June 7, 2020 6282 Views 0 comment Print

DCIT Vs Ajanta Tubes Ltd. (ITAT Delhi) The issue under consideration is whether the A.O. is correct in rejecting the valuation report obtained by the assessee? In the present case, assessee had sold its land and building. Assessee had taken the cost of acquisition for land as per valuation report as at 1-4-1981 as against […]

Reassessment merely on Investigation officer report is unsustainable

June 7, 2020 1752 Views 0 comment Print

Ashapura Minichem Limited Vs DCIT (ITAT Mumbai) The issue under consideration is whether the re-opening of assessment u/s 147 is justified in law? The assessee before us is a listed public limited company engaged in the business of mining bauxite and selling the same in domestic as well as international market. In the present case […]

Final assessment order U/s 144C without issuing draft order is Void-ab-Initio

June 7, 2020 6636 Views 0 comment Print

Nikon India Pvt. Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether the assessment will sustain even if the Assessing Officer ignoring the statutory provisions of section 144C, passed the Final assessment order without issuing draft assessment order to the assessee? In the present case, the Tribunal vide order dated 31.03.2017 remanded the […]

Share transfer without consideration under family arrangement cannot be treated as sham transaction

June 6, 2020 4317 Views 0 comment Print

The issue under consideration is whether A.O. is correct in holding that shares of listed companies received by the appellant company as gift without consideration, as part of internal family realignment amongst members of the family, could not be regarded as valid “gift”, and further considering the same to be sham and colorable transactions?

Same transaction can’t be taxed in the hands of two assessees

June 6, 2020 4275 Views 0 comment Print

ITAT state that the issue where one turnover can be taxed in the hands of two different assessee one being partnership firm M/s. Satyam Builders and another being proprietary concern of the assessee namely satyam Builders. The answer is emphatically No.

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