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No addition for jewellery for mere non-match with description in Wealth-tax returns

January 4, 2019 1992 Views 0 comment Print

Rajkumar B. Agarwal Vs DCIT (ITAT Pune) No addition on account of jewellery items on seized documents did not tally with description of jewellery in Wealth-tax returns in case total weight of jewellery was same Conclusion: Where total gold jewellery in weight found at the time of search matched with the earlier declarations made by […]

Income / Losses declared by Investor Companies not a Sole Criterion to examine Creditworthiness

January 4, 2019 1320 Views 0 comment Print

Psychotropics Leasing & Finance (P) Ltd. Vs ITO (ITAT Delhi) The ld. CIT(A) appears to have stressed on the fact that the impugned share holders has shown meager income in their return of income. In our opinion, the income/losses declared by the investor companies is not a sole criterion to examine the creditworthiness of the […]

S. 195 not applies to Foreign agent commission & reimbursement of expenditure not taxable in India

January 4, 2019 1872 Views 1 comment Print

Foreign agent commission and reimbursement of expenditure were not taxable in India and hence, section 195 had no application.

Section 54F deduction fully allowable despite property purchase in joint names

January 4, 2019 16215 Views 0 comment Print

Assessee was entitled to the benefit of deduction u/s.54F to the whole extent of investment in purchase of new asset, even though property had been purchased in the joint names of assessee, his wife and son.

Interest will accrue on specified date if any agreement specify such date

January 4, 2019 2973 Views 0 comment Print

Credit Suisse Finance (India) P. Ltd. Appeal: When An Instrument Or An Agreement Stipulates That Interest Shall Be Payable At A Specified Date, Interest Does Not Accrue To Holder Thereof On Any Date Prior Thereto

Third part statement cannot be relied if No Opportunity for Cross-Examination was given

January 3, 2019 3072 Views 0 comment Print

Rajat Exports Import (India) Pvt. Ltd. Vs ITO (ITAT Delhi) The AO noted in the assessment order that the DIT (Inv.) in the course of investigation in the case of Shri Mukesh Gupta, Shri Rajan Jassal and Shri Surinder Pal Singh recorded their statements. The assessee was supplied with the seized material at the fag […]

Gain on sale of Shares held for more than 12 months as investment is LTCG

January 3, 2019 2460 Views 0 comment Print

ACIT Vs M/s. Wig Investment (ITAT Delhi) AO has treated not only the gain on mutual funds as business income but also gain on profit and sale of shares as also as business income. Now in view of the CBDT Circular dated 29.9.2016, if shares are held for more than 12 months which have been […]

Penalty U/s. 271(1)(c) cannot be levied for mere Wrong claim of deduction

January 3, 2019 6165 Views 0 comment Print

Merely disallowance of any claim which is legally not allowable, no penalty under section 271(1)(c) can be levied when there was no concealment of any material facts or furnishing of inaccurate particulars of income.

Expense without supporting document / evidence is not allowable

January 3, 2019 7209 Views 1 comment Print

Schwing Stetter (India) Private Limited case: Where except for the debit entries, assessee did not produce any evidence to show that the expenditure was incurred wholly and exclusively for the purpose of business expenditure, held as unallowable for deduction while computing total income

Reimbursement of loss to Subsidiary Companies in the course of business is allowable

January 3, 2019 3729 Views 0 comment Print

Mafatlal Industries Limited Vs ITO (ITAT Mumbai) Loss on Account of Compensation on Enforcement of Security Paid to Subsidiary Companies is allowable as same was in the course of business The assessee has claimed loss incurred by two subsidiary companies M/s Mishapar Investment Ltd & Vibhadeep Investment & Trading Ltd on the ground that the […]

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