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Bifurcation of consideration into land and building separately necessary for claiming depreciation

June 24, 2018 11130 Views 0 comment Print

Where assessee made no bifurcation of land and building and claimed depreciation on entire amount, therefore the case was remanded back to AO for bifurcating consideration into land & building and depreciation was to be allowed only on building portion.

Deduction U/s. 54F available on Payment towards construction of house prior to sale of flat

June 24, 2018 16407 Views 0 comment Print

Tarun Jalali Vs Dy. DIT (ITAT Delhi) sub-section 4 of section 54F prescribes appropriation of sale consideration of original asset towards provision of new asset made within one year before the date of transfer of original asset, two years from the date of transfer or construction of new in-house property, within three years from the […]

Merely nomenclature of expense does not conclusively determine character and nature of expense

June 24, 2018 1701 Views 0 comment Print

Moreover, it has to be kept in mind by the AO that merely because nomenclature of expense is given as ‘Labour Charges Paid’ does not conclusively determine the character and nature of the expense claimed.

To achieve targets Dept official ignores Principles of law & cross their limits: ITAT

June 24, 2018 951 Views 0 comment Print

The present Misc. Application has been moved by the applicant – assessee pleading that though the Tribunal vide order dated 20.12.2017 had stayed the recovery of the balance amount to be recovered by the Department from the assessee for the assessment year 2009-10,

Upfront fees paid to AAI is a commercial right entitled to depreciation @ 25%

June 24, 2018 1491 Views 0 comment Print

Mumbai International Airport : Upfront fees paid to the Airports Authority of India (AAI) is a commercial right entitled to depreciation @ 25% relating to intangible assets

Loss from Hedging Contracts of Foreign Exchange is Normal Business Loss

June 23, 2018 4362 Views 0 comment Print

This appeal filed by the assessee directed against the Ld. Principal of Commissioner of Income Tax-3, Kolkata for the assessment year 2012-13, wherein he has revised the order passed u/s 143(3) by the Assessing officer on 24.02.2015 by exercising his jurisdiction u/s 263 of the Income Tax Act, 1961(the Act) on 8thMarch, 2017.

Encashment of bank guarantee due to inadequate performance is allowable expense

June 23, 2018 9054 Views 0 comment Print

That on the facts and circumstances of the case and in law, CIT (A) erred in upholding the disallowance of loss/ expenditure of Rs. 20892603/- suffered/ incurred by the appellant as a result of encashment of bank guarantee furnished to Delhi Transport Corporation (DTC) as security for the due and punctual discharge of obligations under the Concession Agreement.

No Cessation of liability if Amount forfeited is subject matter of civil suit and cannot be taxed

June 22, 2018 1203 Views 0 comment Print

Where amount forfeited by assessee against cancellation of booking of flat was subject-matter of civil suit, it could not be said that there was cessation of liability so as to tax such amount as assessee’s income.

Interest on Home Loan- Deduction U/s. 24(b) and in Computation of Capital Gain

June 22, 2018 9606 Views 0 comment Print

Deduction under section 24(b) and computation of capital gains under section 48 being altogether different provisions, interest paid to bank for acquiring capital asset would be eligible as part of cost of acquisition, even if same had been claimed under section 24(b) while computing income from housing property.

Tribunal cannot pass order beyond 3 months of conclusion of hearing of appeal

June 22, 2018 4638 Views 0 comment Print

Cromption Greaves Limited Vs. CIT (ITAT Mumbai) This M.A. has been filed by the assessee seeking recall of the order of the tribunal in ITA no. 1994/Mum/2013 dated 01-02-2016 . The learned counsel for the assessee pressed only one ground before the Bench that the tribunal order dated 01-02-2016 was passed beyond period of 90 […]

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