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Section 54-Booking of flat with builder- Purchase or construction?

June 15, 2018 6462 Views 0 comment Print

The brief facts of the case are that the assessee case was selected for scrutiny through CASS and notice u/s 143(2) of the Income Tax Act, 1961 (hereinafter referred as the Act) was issued and served upon the assessee requiring him to furnish necessary details and documents along with supporting evidence.

Section 2(22)(e) not applicable to receipt towards repayment of loan 

June 13, 2018 867 Views 0 comment Print

ACIT Vs V. V. N. Varadhan Kumar (ITAT Chennai) Ld.CIT(A) had made a clear cut finding after examining the books of accounts of the assessee that the amount received by the assessee was only repayment of loan extended by the assessee to the company. It appears that the assessee in his books of account instead […]

Addition U/s. 41(1) cannot be made for Amount not paid due to long pending dispute

June 12, 2018 2958 Views 0 comment Print

Where due to pending disputes with debtors, sales commission could not be paid to agents for longer period, taxation of such liability payable to agents under section 41(1) was not justified.

Invocation of rule 8D without recording of satisfaction contravenes section 14A(2)

June 12, 2018 1002 Views 0 comment Print

As AO failed to arrive at satisfaction as to non-correctness of assessee’s claim as regards no expenditure against exempt income, invocation of rule 8D was in contravention of section 14A(2) and, therefore, disallowance was deleted.

ITAT accepts LIFO method of Closing Stock Valuation by Jewellery Company

June 12, 2018 17100 Views 0 comment Print

It is not in dispute that the assessee had been following LIFO method regularly for valuation of closing stock since its inception. It is not in dispute that the LIFO method adopted by the assessee had been accepted by the revenue in the past. It is not in dispute that the LIFO method is also one of the recognized methods for valuation of closing stock.

Penalty cannot be levied where a bonafide claim of assessee was rejected

June 11, 2018 1641 Views 0 comment Print

These are the appeals filed by assessee against the order of CIT(A)-16, Mumbai dated 14/08/2015 for A.Y.1997-98 and 2003-04, in the matter of imposition of penalty u/s.271 (1 )(c) of the IT Act.

Nature of Interest awarded U/s. 28 of Land Acquisition Act, 1894

June 10, 2018 27183 Views 0 comment Print

Dnyanoba Shajirao Jadhav Vs ITO (ITAT Pune) Interest awarded u/s. 23(1A) and 23(2) r.w.s. 28 of the L.A. Act is in the nature of solitium and an integral part of compensation. It is an admitted position that the receipt of compensation awarded under L.A. Act is a capital receipt. Whereas, interest awarded u/s. 34 of the […]

Shah Rukh Khan gets relief from penalty on Notional Income from Dubai Villa

June 10, 2018 3726 Views 0 comment Print

No penalty under Sec. 27(1)(c) of the Act could have been imposed on the assessee in respect of the addition of an amount of Rs. 47,66,952/- made by the A.O towards notional income of the villa owned by the assessee at Dubai.

ITAT deletes addition for jewellery in excess of limit prescribed under CBDT Instruction No. 1916

June 9, 2018 3957 Views 0 comment Print

ITAT held that the excess jewellery found in the case of assessee, his parents, his wife, their children and the HUF was very nominal, and was very much reasonable, keeping in mind the riches and high status and more customary practices.

Expense cannot be disallowed for mere Non-debiting in books of account

June 9, 2018 7977 Views 0 comment Print

Non-debiting of the expenditure in the books of account is not relevant for allowability of the same as long as the expenditure is really incurred and is deductible as per law

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