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For Similar Transactions with Related and Unrelated Parties if Price is Comparable, It is taken to be at ALP

May 31, 2018 1092 Views 0 comment Print

Axis Risk Consulting Services Private Limited. Vs DCIT (ITAT Delhi) the only dispute before us is with regard to the adjustment by way of imputing interest @ 17.22% by the TPO on account of receivables from the AE. Here in this case, it is an undisputed fact that the assessee has also rendered similar services […]

Income Transferred from Capital Fund A/c to Income is eligible for deduction U/s. 11

May 31, 2018 2127 Views 0 comment Print

Income Transferred from Capital Fund A/c to Income is eligible for deduction U/s. 11of Income Tax Act, 1961 and provisions of Section 11(3)(c) of the Act clearly permits to utilize the funds either within the specified period or in the next year immediately following the expiry of the period

Addition U/s. 69A can only be made when assessee found to be in possession of money bullion jewellery, etc., not recorded in his books of account

May 31, 2018 25389 Views 0 comment Print

DCIT Vs M/s. Karthik Construction Co. (ITAT Mumbai) As could be seen, the Assessing Officer raised suspicion on the loan repayment by doubting the genuineness of the unsecured loan availed by the assessee against which such loan repayment was made. However, as per the facts on record, unsecured loans which were repaid by the assessee […]

Exemption cannot be denied merely because Assessee has not claimed the same

May 30, 2018 8523 Views 0 comment Print

Manohar Reddy Basani Vs ITO (ITAT Hyderabad) Assessing Officer having concluded that the assessee having neither disclosed the capital gains in the return of income nor claimed any deduction u/s 54F of the Act, the assessee is not entitled to get any deduction u/s 54F, in the same way he should not have added the […]

Notional interest on advances cannot be charged on accrual basis

May 30, 2018 7170 Views 1 comment Print

Briefly stated relevant facts of the case are that the assessee-company is engaged in the business of investment in capital markets. Assessee filed the return of income for the A.Y. 2013-14 on 27.09.2013 declaring a loss of Rs. 5,35,493/-. During the assessment proceedings, Assessing Officer observed that there were unsecured loans to the extent of Rs. 19.25 Crs under ‘advances recoverable in cash or kind.

No TDS default if recipient paid tax on income

May 30, 2018 9945 Views 0 comment Print

ACIT Vs Chaitanya Educational Trust (ITAT Hyderabad) Since the assessee has filed the certificates of the recipients with proof that the recipients have offered the income to tax in their hands, the assessee shall not be treated as an assessee in default u/s 201(1) of the Act. FULL TEXT OF THE ITAT JUDGMENT All are […]

Deemed dividend U/s. 2(22)(e): Advance in normal course of business

May 30, 2018 2958 Views 0 comment Print

 Since trade advances obtained by assessee from its sister concern were in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in section 2(22)(e).

Section 54F exemption cannot be denied for mere non claim in Return

May 30, 2018 3129 Views 0 comment Print

When assessee utilised sale consideration of property in construction of another residential property within prescribed time period, then, merely on account of the fact that the assessee had neither declared the transaction of sale of property nor made any claim of deduction under section 54F in the return of income, deduction under section 54F could not be denied.

MAT Provisions U/s. Section 115JB not applicable to sick company

May 30, 2018 5733 Views 0 comment Print

The facts in brief qua the issue raised in the grounds are that assessee filed its return of income electronically for the AY. 2009-10 on 23-09-2009, declaring NIL income. This return was processed u/s. 143(1) of the Act and the total income was determined at Rs. 69,19,580/- u/s.

Exemption u/s. 54 cannot be denied Merely for Housing Loan availment by Assessee

May 30, 2018 16818 Views 0 comment Print

Explore Amit Parekh’s appeal against the denial of Section 54 exemption by ITAT Kolkata. Key details of the case and legal insights revealed.

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