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Consider Net Interest expenses for section 14A disallowance: ITAT Delhi

September 9, 2019 1653 Views 0 comment Print

DCIT Vs M/s. DLF Assets Pvt. Ltd. (ITAT Delhi) On the aspect of disallowance made by the Ld. AO by invoking the provisions u/s 14A of the Act r/w Rule 8D (2) (ii) of the Rules, it is the submission of the Ld. AR that the interest expenses net of interest income may be considered […]

L&T Case: Classic example of change of opinion

September 9, 2019 4920 Views 0 comment Print

The assessee had challenged reopening of assessment on two grounds. The CIT(A) had accepted the arguments of the assessee, in light of provisions of section 147 of the Act, and the assessment order passed by the AO u/s 143(3) of the Act, dated 29/12/2018 and came to the conclusion that the assessment has been reopened on change of opinion without there being any tangible material, in the possession of the AO, which suggest escapement of income.

Section 10(23C)(vi) Exemption cannot be denied to Assessee running school for educational purposes

September 8, 2019 7281 Views 0 comment Print

M/s Ram Lal Bhasin Public School Vs CIT (ITAT Amritsar) For claiming exemption u/s 10(23C)(iiiad) of the Act, the entity must be an University or other educational institute existing solely for educational purpose and not of the purposes of profit. In the present case it is not in dispute that the assessee is a school […]

Penalty cannot be levied for mere disallowance of claim of deduction u/s 54

September 8, 2019 2451 Views 0 comment Print

ITO Vs Shri Kantilal G. Kotecha (ITAT Mumbai) We find that with regard to claim of deduction u/s 54 of the Act, this tribunal in quantum proceedings had granted deduction u/s 54 of the Act to the extent of payments made within the prescribed limitation period i.e payments made within one year prior to the […]

Receipt from a right to sue cannot be considered capital gain U/s. 45

September 7, 2019 3423 Views 0 comment Print

ACIT  Vs Shri Anil Gulabdas Shah (ITAT Mumbai) The undisputed position that emerges is the fact that the property under consideration was subject matter of extensive litigation which ultimate got culminated into sale of the property by the assessee in terms of consent terms dated 03/01/2012 between the assessee and certain other parties. The assessee, […]

Section 54F | Holding period | Computation from allotment or possession date

September 7, 2019 3606 Views 0 comment Print

 As allotment of property was final and payment of purchase consideration had been duly made before allotment, therefore, holding period of property had to be computed from the date of allotment, and not from the date of taking delivery of possession which was only a follow-up action.

Capital Gain tax liable on property sold by bank to recover loan given to group concerns

September 6, 2019 26250 Views 0 comment Print

The issue under consideration is whether Capital Gains will be applicable in case where Bank sold the property of group concern as it failed to repay the loan?

No addition for gifts if Assessee proves Identity, capacity & genuineness of donor

September 6, 2019 1200 Views 0 comment Print

Gifts are normally made by relatives out of natural love and affection and do not necessarily require any particular occasion. Assessee had discharged his burden by furnishing necessary details before AO. In the absence of anything to show that the transactions were by way of money laundering,

Gain on Sale of right to obtain flat- LTCG or STCG?

September 6, 2019 4290 Views 0 comment Print

ITO (International Taxation) Vs Monish Kaan Tahilramani (ITAT Mumbai) The only surviving question that arise for consideration is manner of computation of the gains. It is noted that the assessee has paid upfront payment to the extent of 5% upon allotment and the balance payment has been spread over by way of installment during the […]

Payment to legal heirs of deceased partners towards Goodwill is allowable as deduction

September 6, 2019 1884 Views 0 comment Print

Wadia Ghandy & Co. Vs ACIT (ITAT Mumbai) The assessee is a Solicitor Firm and was initially constituted by three partners who were eminent Lawyers. He submitted, all the three partners had created huge goodwill which was definitely exploited by the firm. He submitted, for use of goodwill, the firm was required to pay 5% […]

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