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Exemption U/s. 11 cannot be denied merely because func­tion hall was let out on rent for various activities

May 21, 2018 2955 Views 0 comment Print

Where an institution is not driven primarily by a desire or motive to earn profits but to do charity through the advancement of an object of general public utility, it cannot but be regarded as an institution established for charitable purposes and proviso to section 2(15) could not be applied so as to deny exemption under section 11.

No tax leviable on Gifts/Prizes/Awards/Rewards received by sportsman Abhinav Bindra

May 21, 2018 16077 Views 0 comment Print

G.D. Agrawal, Vice-President – This appeal by the assessee is directed against the order of learned CIT(A)-I, Dehradun dated 21st February, 2013 for the Assessment Year 2009-10.

Reopening of assessment not invalid for filing of return with wrong jurisdiction

May 21, 2018 2115 Views 0 comment Print

Smt. Vidhya Poonia Vs ITO (ITAT Jaipur) AO at the time of initiation of proceedings under section 148 has to form the belief on the basis of the material available which is sufficient for coming to the conclusion that prima facie income assessable to tax has escaped assessment, therefore, filing of return with wrong jurisdiction could […]

Addition cannot be made for mere non-production of Directors and non-furnishing of their residential address

May 20, 2018 1263 Views 0 comment Print

This appeal is filed by assessee against the Order dated 04.5.2016 passed by the Ld. CIT(A)-12, New Delhi relating to Assessment Year 2004-05 on the following grounds:-

Depreciation on brand value allowed taking it as an intangible asset

May 20, 2018 5682 Views 0 comment Print

In DCIT, Ghaziabad vs. Kuantum Papers Ltd. (ITAT Delhi) decided on 1.09.2017, Revenue contended that CIT(A) has erred in law and on facts in allowing the depreciation on paper brands, which is a non-depreciable asset because its life is not limited.

ITAT recalls Ex-Parte order as Consultant was pre-occupied with GST work

May 19, 2018 1671 Views 0 comment Print

Applicant along with their staff were extremely pre-occupied with the GST work of transition and registration of the dealers. Since, it was a new enactment and there were enormous complexities and unclearity, apart from the technological problems, continuously issued circulars and instructions etc., the said tax consultant could not file adjournment application

Remuneration to members of HUF for services rendered in business is allowable U/s. 37(1)

May 18, 2018 5472 Views 0 comment Print

The remuneration to the members of the HUF were paid for the services rendered in the business which is allowable U/s. 37(1) and invoking the provisions of Section 184 and Section 40(b) does not arise on the facts of the case at all.

Cash deposit cannot be assessed U/s. 68 when cheque deposits were accepted as business turnover

May 18, 2018 3003 Views 0 comment Print

This is an appeal by Revenue against the order of the Commissioner of Income Tax (Appeals)-Tirupati, dated 31-03-2017, treating the deposits made in the bank account as business turnover, whereas AO was of the opinion that these are unexplained income U/s. 68 of the Act.

Principle of mutuality cannot be denied simply because there are two categories of members as per bye-laws of society

May 18, 2018 4107 Views 0 comment Print

M/s. Sri Sai Datta Mutual Aided Co-operative Credit Society Vs Asst. (ITAT Hyderabad) The AO and CIT(A) have considered the ordinary members and nominal members are different class of members. AO accepts that ordinary members are having mutuality but he denies the same with reference to nominal members. The principle of mutuality cannot be denied […]

Addition cannot be made for Share Capital as undisclosed Income merely on surmises

May 18, 2018 1311 Views 0 comment Print

ACIT Vs Gowthami Chemicals & Pesticides (P) Ltd. (ITAT Visakhapatnam)  In this case, the assessee has furnished the confirmation letters explaining the identity of the shareholder, address and sources of income of the contributor to the share capital along with the evidence for land holdings and copies of IT returns in 4 cases before the […]

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