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Tax Exemption cannot be denied to IOA Merely for Receiving Sponsorship

September 7, 2018 2466 Views 0 comment Print

This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals] – 40, New Delhi dated 31.12.2015 pertaining to A.Y 2011-12. 2. Grievances of the Revenue read as und

Genuineness of Share Transaction cannot be suspected merely for Irregularities of Share Broker

September 7, 2018 2148 Views 0 comment Print

The report given by BSE only shows that there may be some irregularities on the part of the share broker. In our view, such kind of irregularities, if any, committed by share broker cannot be a ground to suspect the genuineness of purchase and sale of shares undertaken by the assessee.

Taxability of Capital gains- On Execution of agreement of sale or sale deed?

September 7, 2018 17508 Views 1 comment Print

 Maniar Injectoplast Pvt. Ltd. Vs. ITO (ITAT Mumbai) It was specifically mentioned in the agreement of sale assessee was to make out a clear and marketable title to plot of land, free of all encumbrances, to the satisfaction of the purchaser’s advocate and after fulfilling the other conditions it would execute and register a deed […]

Wrong Name on Assessment Order of non existent Company can’t be cured by section 292B

September 7, 2018 1614 Views 0 comment Print

ACIT  Vs M/s. Mahagun Realtors (P) Ltd, (ITAT Delhi) AO has passed the assessment order u/s 153A of the Act in case of Mahagun Realtors Pvt. Ltd (represented by Mahagun India Pvt. Ltd after amalgamation) despite the fact that the above company has merged with Mahagun India Pvt. Ltd by the order of the Hon’ble […]

Section 54 Exemption when Agreement to sell old property and investment in new residential property within one year

September 7, 2018 6969 Views 0 comment Print

Agreement to sell old property and investment in new residential property within one year, whether to be claimed as exemption under section 54.

Estimation of NP: Separate addition for creditors & Loan cannot be done

September 7, 2018 1713 Views 0 comment Print

Shrinet & Shandilya Construction (P) Ltd. Vs Addl. CIT & DCIT (ITAT Delhi) Once the trading results and books of accounts have been rejected and income is being estimated by applying net profit rate on the declared gross contract receipt, then no other addition is required to be made on account of any other trading […]

No penalty on surrendered amount in revised Income Tax return

September 7, 2018 2499 Views 0 comment Print

Since assessee had included the surrendered amount in its revised return and no such concealment or non-disclosure was made as assessee had made a complete disclosure of income in its revised return. Therefore, no penalty under section 271(1)(c) could be levied.

Wharfage Charges is not Rent: TDS not deductible U/s. 194I

September 6, 2018 8064 Views 0 comment Print

M/s. MCC PTA India Corp. Pvt. Ltd. Vs ACIT (ITAT Kolkata) Section 35 of Major Ports Act 1963 empowers the Board to execute works providing appliances which includes wharves, quays, docks, stages, jetties, piers and other works within or without the port limits and also moorings and cranes, scales and all other necessary needs and […]

Mere genuineness of Transaction not enough for non levy of Penalty U/s. 271D

September 6, 2018 1977 Views 0 comment Print

Deepak Sales & Properties Pvt. Ltd  Vs  ACIT (ITAT Mumbai) There is no dispute between the parties that bonafide nature of transactions alone would not be sufficient to escape the clutches of sec. 271D of the Act. As per the decision rendered by Hon’ble Supreme Court in the case of Kum. A.B. Shanthi (supra), it […]

No Penalty U/s. 271AAA if Assessee substantiated the manner in which undisclosed income was derived

September 6, 2018 1443 Views 0 comment Print

As the assessee had discharged his onus by substantiating the manner in which undisclosed income was derived, being the savings of his wife, and had paid the due tax thereon, no penalty proceedings could be initiated against assessee.

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