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Leave Travel Concession not available on Foreign Travels

April 10, 2019 4155 Views 0 comment Print

Shri Rajeshkumar Navnitlal Dani Vs ITO (ITAT Ahmedabad) Provision of sec. 10(5) of the Act only that reimbursement of travel concession or assistance to an employee is exempted which was incurred for travel of the individual employee or his family members to any place in India and nowhere in this clause it had been stated […]

No law barring Partners to draw Remuneration from multiple Firms

April 10, 2019 3405 Views 0 comment Print

Ms. Sachi Sarees Vs ACIT (ITAT Kolkata) There is no law which prohibits a person to work in more than one partnership firms and draw remuneration therefrom. All that Section 40(b) requires is that the remuneration should be paid to a working partner and there is no prohibition either in the Income-tax Act, 1961 or […]

Section 54F deduction cannot be restricted to stamp duty value

April 9, 2019 4983 Views 0 comment Print

Deduction U/s 54F was available to assessee in respect of full value of consideration received and not on the value taken by the Sub-Registrar for the purposes of stamp duty. 

Activities of Trust cannot be termed as Commercial for mere Surplus earned by it

April 8, 2019 1158 Views 0 comment Print

DCIT Vs Ernet India (ITAT Delhi) Though assessee was charging subscription as well as consultancy fees on actual, the same did not result in to the conclusion, that it was carrying on its activities which could be termed as business, trade, or commerce. FULL TEXT OF THE ITAT JUDGEMENT The present appeal has been filed by revenue […]

CIT(A) cannot tax a new source of income which was not part of original assessment

April 8, 2019 2238 Views 0 comment Print

Although the powers of the CIT(A) were co-terminus with that of the powers of AO, yet, it had jurisdiction only on those items which had been considered by AO irrespective of the fact whether the issue was subject matter of appeal or not.

Bogus Purchase: ITAT held addition of 3% of GP as reasonable

April 8, 2019 3375 Views 0 comment Print

ACIT Vs Shri Akshay Rajesh Samdariya (ITAT Pune) The solitary issue raised in the appeal by the Revenue and Cross objections by the assessee is against addition deleted/confirmed on account of bogus purchases. The Assessing Officer in re-assessment proceedings made addition of Rs. 2,78,55,984/- as bogus purchases purportedly made by the assessee. In first appeal […]

Sec. 56(2)(viia) applies only to bogus capital building & money laundering cases

April 7, 2019 4656 Views 0 comment Print

In our view, the said Section can be applied if there is a transfer of shares in favour of a Firm or a Company. For the transfer of shares, we agree with the assessee that there must be a transferor and transferee and transferred assets i.e., shares. In the case of amalgamation, it cannot be said that there is a transfer of shares as there is only statutory vesting of the assets by virtue of the Scheme.

Reassessment order passed without disposal of objections raised by assessee is invalid

April 6, 2019 1455 Views 0 comment Print

Reassessment order passed without disposal of objections raised by assessee by passing a speaking order by AO was illegal and invalid.

Income from Letting out space on terrace of building to mobile companies is Income from house property

April 6, 2019 3741 Views 1 comment Print

Kohinoor Industrial Premises Co– operative Society Ltd. Vs ITO (ITAT Mumbai) Undisputedly, the assessee has derived rental income from letting out space in the terrace of the building to mobile companies for installing their mobile tower / antenna. It is also a fact that the assessee has offered such rental income as income from house […]

ITAT condemns cavalier & naïve approach of Income Tax Dept.

April 6, 2019 801 Views 0 comment Print

ITO Vs Ms. Rayoman Carriers Pvt. Ltd. (ITAT Mumbai) The insinuation of revenue that ITAT passes order in a state of oblivion to the facts and antecedents to the appeal, displays a totally irresponsible and cavalier approach on the part of Revenue on the cusp of contempt and deserving exemplary cost to purge the same. […]

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