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Revenue cannot treat LTCG as STCG on the ground that assessee deliberately waited for lapse of 36 months

March 3, 2018 2154 Views 0 comment Print

The objection of the revenue that the assessee intentionally waited for mechanical lapse of 36 months and deliberately put the date on agreement as 18-11-2009 to avoid the payment of tax is not tenable.

Registration U/s. 12A/12AA cannot be denied for non-production of books & vouchers

March 3, 2018 4323 Views 0 comment Print

CIT is not justified in rejecting registration on the ground that the non-production of books and vouchers means that the genuineness of the charitable activities cannot be verified. The CIT is entitled only to examine the objects of the trust at the stage of registration and not the books of account

Addition cannot be made on the basis of unsigned impounded dumb document

March 3, 2018 3210 Views 0 comment Print

Devaram C. Bhavani Vs. ITO (ITAT Mumbai) We have given a thoughtful consideration to the notings in the impounded document, viz. Annexure A-2– Page 37 & Page 105 and are unable to persuade ourselves to be in agreement with the view taken by the lower authorities. We find that as against the working of the amount […]

Explanation to section 73 supersede provision of section 43(5)(d)

March 3, 2018 3864 Views 0 comment Print

ITO Vs. M/s. Arandi Investments Pvt. Ltd. (ITAT Mumbai) Assessing Officer treated loss in future and options (F&O) transactions as speculation loss and disallowed the same. We find that on this issue, the A.O. has referred to Honorable Delhi High Court decisions on identical issue. The Honorable Delhi High Court in the case of CIT […]

Unrecognized courses comes within the meaning of education for exemption U/s. 11

March 2, 2018 2232 Views 0 comment Print

ITO (E) Vs. M/s Young Women’s Christian Association of Delhi (ITAT Delhi) Unrecognized courses are also comes within the meaning of education or in other words, it can be said that the charitable purposes includes relief to the poor, education (yoga), medical relief, preservation of environment and preservation of monuments or placed or objects of […]

Penalty cannot be imposed for Mere ALP computation method change by TPO

March 2, 2018 1860 Views 0 comment Print

It is seen that the grounds on which the ALP determined by the assessee has been rejected are reasonably debatable. The assessee had obtained a transfer pricing study from an outside expert and the objectivity of the same was not called into question.

Smallness of amount of additions vis-a-vis returned loss is a bonafide explanation

March 2, 2018 1254 Views 0 comment Print

Balaji Motion Pictures Ltd. Vs. DCIT (ITAT Mumbai) The assessee has given an explanation that keeping in view smallness of the amount being addition of Rs. 2,16,441/- and also keeping in view that the assessee had claimed a loss of more than of Rs. 9 crores in the return of income filed with the Revenue […]

Exemption u/s 54EC allowable to legal owner of property as per registered sale deed

March 2, 2018 2499 Views 2 comments Print

Assessee-wife was not entitled to claim and be allowed exemption under Section 54 and 54 EC on the basis that both assessee’s being husband and wife had suo motu offered rental income equally in their returns of income and their intentions were that said property was a joint property and both of them having equal share therein because as per the recitals in the purchase and registered sale deeds of the aforesaid property, assessee-husband alone was the sole legal owner of the said property to the exclusion of all others, including his wife.

Assessee cannot claim exemption U/s. 54F and 54EC for investment made by spouse

March 2, 2018 2829 Views 0 comment Print

These are appeals filed by two assessees who are wife and husband. One appeal in IT(IT)A No.12/Bang/2014 is by Smt.Veena Nambyar directed against the order passed by the CIT (Appeals) -4, Bangalore dt.20.2.2014, in respect of the order of assessment passed. 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) dt.27.12.2011.

Penalty order liable for cancellation if penalty notice do not specify why it is been initiated

February 28, 2018 4062 Views 0 comment Print

This appeal filed by the assessee is directed against the order dated 08.07.2013 passed by the CIT(A)-IV, New Delhi in appeal No. 03/12-13 for the AY 1997-98 passed u/s 271 (1 )(c) of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’ for short].

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