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Possibility of personal use of car cannot be ruled out in case of consultancy services from residence

May 14, 2018 1113 Views 0 comment Print

Considering the nature of business of assessee, i.e., consultancy services carried out from residence, possibility of personal use of the car could not be ruled out, therefore, AO was justified in disallowing part of vehicle running and maintenance expenses.

Film Projector entitled for higher rate of depreciation of 60%

May 13, 2018 11958 Views 0 comment Print

Assessing Officer in disallowing the claim of Depreciation amounting to Rs. 91,87,713/- on the alleged plea that the Film Projector is to be depreciated @ 15% instead of 60%,

For imposition of penalty law in force at the time when the return was filed would be applicable

May 13, 2018 1602 Views 0 comment Print

Hon’ble ITAT upheld the position of law as iterated by CIT (A) that it is an established law applicable for imposition of penalty that law, as in force, at the time of filing of Return would be applicable.

Notice U/s. 274 r.w.s. 271(1)(c) is untenable if issued without application of mind

May 12, 2018 35373 Views 0 comment Print

D.C.I.T Vs. M/s. Pennzoil Quaker State India Ltd. (ITAT Mumbai) On a perusal of the notice issued u/s. 271(1)(c) of the Act for initiation of proceedings we find that the Assessing Officer did not strike off and specify the charge/limb for which he is proposing to initiate penalty proceedings. However, in the Assessment Order, Assessing […]

Rent received by Association of Co-Owners Whose only Objective is to Derive Income from Letting out of Property is Taxable as ‘Income from House Property’

May 12, 2018 3378 Views 0 comment Print

Manek Lodge Properties Vs. Additional Commissioner of Income Tax (ITAT Mumbai) In the present case the assessee is nothing but association of co-owners of certain properties whose only objective is to derive income from letting out of property and nothing more. The bench also held that if the contention of Assessee is to be accepted, […]

Addition U/s. 68 for bogus share capital not justified for mere non-response by shareholders to summon U/s. 133(6)

May 12, 2018 2202 Views 0 comment Print

We are of the view that no adverse inference can be drawn against the assessee merely because reply has not been received by the AO in response to notice issued under Section 133(6). The AO having issue the notice and such notice having been served on the person concerned, the AO has to take the process to the logical end. He cannot draw adverse inference merely because reply has not been received.

Assessment framed by AO on non-existent amalgamated company is void ab initio

May 12, 2018 2892 Views 0 comment Print

In the case of Genpact Infrastructure (Bhopal) Pvt. Ltd, Delhi bench of Income Tax Appellate Tribunal ( ITAT ) recently held that addition cannot be made since the assessment framed by the Assessing Officer (AO) on the non-existent amalgamated company and not on the amalgamating company.

Investments held as stock-in-trade do not attract disallowance U/s. 14A

May 12, 2018 1980 Views 2 comments Print

Assessee was engaged in the business of investment in shares and securities, financing and granting loans and advances against shares. The assessee earned exempt dividend income and made suo moto dis allowance against the same under section 14A.

ITAT confirm additions for unaccounted cash deposited in bank a/c jointly held with accountant

May 11, 2018 2805 Views 1 comment Print

It is unbelievable that a professional like Advocate, C.A. or Accountant, would open a bank account with his client. The Ld. D.R. rightly contended that any professional would open a bank account for an assessee if unaccounted transactions are conducted on behalf of the assessee.

Same Undisclosed Income cannot be taxed in the hand of both Partners & Partnership Firm

May 11, 2018 2229 Views 0 comment Print

Maheshbhai Shantibhai Patel Vs ITO (ITAT Ahmedabad) The taxability of undisclosed income detected in the course of search in the case of partnership firm where the assessee is a partner is in question. We shall first take a look into the second proposition raised on behalf of the assessee. On behalf of the assessee, it […]

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