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No section 92CA(3) Adjustment for Corporate Guarantees

November 6, 2019 3063 Views 0 comment Print

The issue under consideration is whether the deletion of adjustment made u/s 92CA(3) of the Act on account of interest on loan and on account of corporate guarantees is justified in law?

S. 56(2)(viib): AO cannot discard assessee’s method of Share Valuation

November 5, 2019 3435 Views 0 comment Print

Narang Access Pvt. Ltd. Vs DCIT (ITAT Mumbai)  In the present case the valuation done by the assessee for valuing its shares is on the basis of DCF method and the AO could not have substituted it by NAV method rather he should have arrived at another value, if any, by applying DCF method only. […]

Section 143(2) notice on very same day of filing return shows Non-application of mind by AO

November 5, 2019 1665 Views 0 comment Print

Issuance of notice under section 143(2) on the very same day when return was filed showed non-application of mind on AO’s part in issuing section 143(2) notice and thereafter in framing assessment and therefore, all proceedings were nullity.

Section 56(2)(vii)(b) Addition by adopting Land Value of Adjacent Area is unjustified

November 5, 2019 1869 Views 0 comment Print

The issue under consideration is whether the AO is correct in adopting land value of adjacent area, just because the colony is adjacent to a road, which has a higher guideline value is justified in law and in ignoring the specific guideline value fixed by the Government in respect of specific colony or flat?

Section 10AA Deduction allowable on enhanced profits after considering section 69C disallowance

November 4, 2019 3729 Views 0 comment Print

ITAT Jaipur ruling on Amrapali Exports Vs DCIT case. Can deduction u/s 10AA be claimed on enhanced profits after disallowance u/s 69C? Read now.

Sec. 68 Addition cannot be made for mere non-compliance of notice by shareholders

November 3, 2019 6576 Views 0 comment Print

AO required assessee-company to prove genuineness of share capital along with premium received by it. Assessee furnished various evidences in that regard. However, AO made addition under section 68 on the ground that in response to summons under section 131 shareholder companies had not appeared for personal deposition.

Notional income on advances to Sister Concerns cannot be taxed in absence of any provision

November 1, 2019 1842 Views 0 comment Print

ITO Vs Max Ventures Investment Holdings Pvt. Ltd. (ITAT Delhi)  An addition can be made u/s 69B of the Act where during any financial year the assessee has made investments or is found to be the owner of any bullion, jewellery or other valuable article, which exceeds the amount recorded on this count in the […]

Bogus Share Capital: ITAT criticises casual approach of Department

November 1, 2019 3684 Views 0 comment Print

ITO Vs M/s Citymaker Builder Pvt. Ltd. (ITAT Mumbai) As two of the share applicant companies as per the information received by the A.O from the office of the DGIT(Inv), Mumbai, were the companies controlled  an infamous accommodation entry provider, therefore, it was incumbent on the part of the lower authorities to have carried out […]

Penalty cannot be levied on ground which was not raised

October 31, 2019 1413 Views 0 comment Print

In this case assessee was asked to explain penalty on one count, whereas Penalty has been levied on other count. This itself called for quashing of penalty order passed by AO for all years under consideration. Therefore, penalty order was quashed and set aside.

All transactions in penny stocks cannot be regarded as bogus for SCAM in some penny stocks

October 31, 2019 5010 Views 0 comment Print

Shri Vijayrattan Balkrishan Mittal Vs DCIT (ITAT Mumbai) The issue for consideration before us is whether in such cases, the legal evidence produced by the assessee has to guide our decision in the matter or the general observations based on statements, probabilities, human behavior and discovery of the modus operandi adopted in earning alleged bogus […]

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