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No addition u/s 56(2)(vii)(b) if difference in valuation is less than 5%

February 15, 2019 5418 Views 0 comment Print

Shri Rama Jogi Reddy Sanepalli Vs ITO (ITAT Bangalore) ITAT Pune Bench in the case of Ratnakanta B. Agarwal v. ITO, ITA 587/PUN/2014, order dated 24.07.2017 wherein the Hon’ble Pune Bench took the view that if the variance between the value estimated as fair market value by the DVO and the value adopted by the […]

No Protective addition against Company if Dept already assessed Company MD

February 14, 2019 1554 Views 0 comment Print

Ms Inderpuri Express Couriers Pvt Ltd Vs DCIT (ITAT Mumbai) The AO has made protective addition in the hands of the assessee towards estimated commission income derived from hawala transactions on the ground that certain incriminating materials were found in the premises of the assessee and further, one of the employees has stated that the […]

ITAT allows Depreciation on car in partner name

February 14, 2019 40497 Views 0 comment Print

Partnership firm can own assets only in the name of the partners. In the case of the assessee firm, the car is owned in the name of the partner of the firm. If the car is purchased from the resource of the firm or the purchase consideration is credited to the partner’s current account or capital account then it shall be construed that the firm is the owner of the car.

Order passed by Tribunal beyond prescribed period not sustainable

February 14, 2019 1371 Views 0 comment Print

Tribunal had passed order u/s 254 (1) beyond one day beyond 90 days prescribed under the Rule 34(5)(c) from the date of conclusions of its hearing and the delay had resulted in prejudice to assessee hence, the order being not sustainable and restored for fresh consideration.

Selection of Most Appropriate Method – whether mandatory under transfer pricing regime?

February 13, 2019 3369 Views 0 comment Print

M/s. CLSA India Private Limited Vs DCIT (ITAT Mumbai) Facts of the case: The assessee company, i.e. CLSA India Private Limited is a subsidiary of Credit Lyonnais Securities Asia (CLSA) incorporated in Netherlands. The assessee is primarily engaged in the business of equity broking. The assessee’s customers comprise of foreign institutional investors (FIIs) and domestic […]

No Addition for deposits in foreign bank A/c having no connection to income derived in India

February 13, 2019 2781 Views 0 comment Print

AO was incorrect in making addition towards deposits found in foreign bank account of assessee maintained with HSBC Bank, Geneva without establishing the fact that the said deposit was sourced out of income derived in India, when the assessee had filed necessary evidences to prove that he was a non resident since 25 years and his foreign bank account and assets did not have any connection with India and that the same have been acquired / sourced out of foreign income which had not accrued / arisen in India.

Conversion of Cumulative compulsory convertible preference shares into equity shares is not a transfer

February 13, 2019 44748 Views 1 comment Print

Conversion of cumulative and compulsory convertible preference shares(CCPS) into equity shares cannot be treated as ‘transfer’ under section 2(47) and no capital gain is to be computed upon such conversion.

Pre-commencement Interest income is capital receipt

February 13, 2019 4425 Views 1 comment Print

ITO Vs KSK Wind Energy Halagali Benchi Pvt. Ltd. (ITAT Hyderabad) Assessee’s have been incorporated on 03-01-2011 with the object of generation of electricity from non-conventional sources, the project of which is proposed in the state of Karnataka and for this purpose investments have been received in the form of equity capital of the assessee companies […]

S. 80IB Each new project for a new film cannot be considered as split up or reconstruction of existing business

February 12, 2019 2577 Views 0 comment Print

Assessee-producer having film production unit entitled for income tax deduction under section 80IB as assessee was running a production house and each new project for a new film, could not be considered as split up or reconstruction of the business already in existence. 

Receipt of compensation by Sushmita Sen in lieu of settlement of a sexual harassment case not liable to tax

February 12, 2019 4380 Views 0 comment Print

Amount received by SushmitaSen from Coca Cola Company in connection with settlement of a sexual harassment case was not liable to tax as the compensation received could not be termed as any benefit, perquisites arising to the assessee out of the exercise of profession.

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