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Similar Treatment to Be Given in Subsequent AY in Case of Existence of Identical Facts in Previous Settled AY

January 17, 2019 2313 Views 0 comment Print

Assessee is a corporation of the Chhattisgarh Government and has received subsidies for opening a mine. Assessee treated the said subsidy as ‘capital receipt’, however, department contended it to be ‘revenue receipt’.

Section 54F: ITAT allows Date of possession of new house instead of date of sale agreement / registration

January 17, 2019 5313 Views 0 comment Print

 Since final consideration was paid and the possession of flat was received within a period of one year prior to the date of transfer of capital asset, then the same should be considered as the date of purchase, so as to allow the benefit of deduction under section 54F to assessee.

S. 271(1)(c) No Penalty if returned and assessed income are same

January 16, 2019 11184 Views 1 comment Print

Armoury International Vs ACIT (ITAT Mumbai) In this case, the assessee was observed to have made bogus purchases as per information received from the Sales Tax Department. The assessee was issued notice u/s. 148 on 11.03.2013 served on 12.03.2013. The assessee filed revised return of income on 15.03.2013, wherein the amount of bogus purchase was offered […]

Addition for cash deposit in Bank cannot be made if Assessee duly explained source

January 16, 2019 4308 Views 0 comment Print

As assessee had duly proved source of cash deposit in her bank account to be opening cash balance and gift from her parents, no addition could be made under section 68.

Genuineness of activities of Trust cannot be looked into at the time of granting registration U/s. 12AA

January 16, 2019 1539 Views 0 comment Print

Shree Vimalnath Jain Swetamber Mandir Trust Vs CIT (ITAT Raipur) We find that the learned Commissioner (Exemption) has refused registration under section 12AA of the Act to the assessee since donations received were not properly accounted for and also because that the objects of the Trust was for betterment of Jain Community and for benefit […]

No TDS U/s. 194J on charges paid to unqualified professional

January 16, 2019 19311 Views 1 comment Print

Nikhil Chandra Mitra Vs ITO (ITAT Kolkata) Disallowance of Rs.60,000/- made on account of accounting charges by invoking the provisions u/s 40(a)(ia) of the Act.  The assessee submits that the person whom the amount was paid was not a qualified professional and he was an accountant writing the accounts and hence 194J of the Act, […]

No addition u/s 68 for bogus LTCG without substantial evidence

January 16, 2019 2967 Views 0 comment Print

Since assessee had brought all the relevant material to substantiate its claim that transactions of the purchase and sale of shares were genuine and AO had brought nothing controverting material to deny the same, therefore, the long term capital gain (LTCG) on sale of shares of M/s. KAFL claimed as exempt by assessee could not be treated as bogus simply on the basis of some reports of investigation wing.

Penalty U/s. 271(1)(c) not sustainable on deletion of addition for relevant expenses

January 16, 2019 3528 Views 0 comment Print

Prabhudas Liladhar P. Ltd. Case: Once The Whole Basis Of Addition Itself As Made By The AO In Quantum Has Been Deleted By The Tribunal And Expenses Were Related To The Business Penalty Levied By The AO Under Section 271(1)(c) Deleted

Director remuneration cannot be disallowed merely for loss Shown by Assessee

January 15, 2019 4092 Views 0 comment Print

The Bombay Samachar Pvt. Ltd. Case: Where Disallowance Of Remuneration To Directors Is Because Of Loss Shown By The Assessee The Remuneration Cannot Be Disallowed

Gain on settlement of sales tax deferred liability not taxable

January 14, 2019 1677 Views 0 comment Print

Alfa Laval India Ltd. case: Difference between the Net Present Value against the future liability credited by the assessee under the capital reserve account in its books of account, is a capital receipt, the addition made on account of the gain on settlement of the sales tax deferred liability not taxable

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