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S. 10B STPI Commissioner approval should be construed as Board approval

October 22, 2018 2232 Views 0 comment Print

As per section 10B for an undertaking to be eligible as 100% Export Oriented Undertaking, it should fulfill the following conditions: i) The undertaking must have approved by the Development Commissioner ii) The approval so granted by the Development Commissioner should be subsequently ratified by the Board of Approval for Export Oriented Unit (EOU) Scheme.

Appeal filed with ITAT signed / verified by ex-director of company not valid

October 22, 2018 3687 Views 0 comment Print

UB Ostan (India) Private Limited Vs ITO (ITAT Mumbai) It is clearly evident that an appeal u/s 253 to the Tribunal is required to be filed in prescribed Form No. 36 and the same is to be signed by the persons specified in Sub-rule (2) of Rule 45. As per Sub-rule (2) of Rule 45, […]

PMS Fees deductible from Capital Gain

October 22, 2018 28029 Views 1 comment Print

Joy Beauty Care (P) Ltd. Vs DCIT (ITAT Kolkata) Ld. CIT(A) had accepted that the gains on sale of shares through Portfolio Management Services (PMS) providers to be taxed under the head capital gains. Against these findings of the Ld. CIT(A), the revenue has not preferred the appeal before us as per the material available […]

Section 263 order without considering reply of Assessee is invalid

October 21, 2018 2631 Views 0 comment Print

Gauhati High Court in the case of Leela Choudhary vs. CIT 289 ITR 226 held that Order passed under section 263 of the I.T. Act without considering the reply of the assessee would not be valid.

No Penalty for failure of Third Parties to submit PAN

October 21, 2018 1041 Views 0 comment Print

Ms. Haryana Distillery Limited Vs JCIT, TDS (ITAT Delhi) Section 272A(2)(k) of the I.T. Act provides penalty for failure to deliver or cause to deliver a copy of the statement within the time specified in sub-section (3) of Section 200 or the proviso to sub-section 3 of Section 206(c) of the I.T. Act. Section 273B […]

MTM loss is an actual and ascertained liability

October 21, 2018 11163 Views 0 comment Print

M/s Himadri Chemicals & Industries Ltd. Vs Pr. CIT (ITAT Kolkata) Ordinarily under the mercantile system of accounting, expenditure is deductible when the liability to settle the same is accrued, irrespective of whether it is ‘due’ or not. However, in the case of a contingent liability, there is no present existence to discharge the same […]

ITAT confirms addition for Property purchased by Son from Mother (A GPA Holder) for not-explaining source of investment

October 21, 2018 2388 Views 0 comment Print

Ms. Nikunj Malik  Vs ITO (ITAT Delhi) It is well settled law that contents of the registered document cannot be disputed through oral evidence. On the face of the registered sale deed, it is established that assessee made an investment in cash in purchase of property for a sum of Rs.42 lakhs and other amount […]

Assessment cannot be made on dead entity

October 17, 2018 1047 Views 0 comment Print

CIT(A) quashed the reassessment proceedings on the ground that the same has been initiated on a non-existing entity and, therefore, the reassessment proceedings are void ab initio.

Document seized at group company place cannot be held to be belonging to assessee

October 17, 2018 1344 Views 0 comment Print

Ekdanta Land Pvt. Ltd. Vs ITO (ITAT Pune) It is a settled issue that the seized papers seized from the premises of Jai Corp Group and others cannot be relied upon for making additions in the hands of the land aggregators whose names appeared in the said documents. It is not the case of the […]

Validity of exclusive method of accounting for valuing closing stock

October 17, 2018 7410 Views 0 comment Print

Assessee was justified in following exclusive method of accounting for valuation of closing stock as entire exercise was tax neutral and there was no impact on the profitability of assessee due to method of accounting followed. 

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