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Requirement to file return electronically but filed manually- Claim for set-off and carry forward of losses

February 6, 2018 2301 Views 0 comment Print

Income Tax Act, 1961, Section 139(1) Income Tax Act, 1961, Section 80 Return of income–Requirement to file return electronically–Return filed manually–Claim for set-off and carry forward of losses Conclusion: Simply because the assessee could not file the return electronically within the provisions of section 139(1), the benefit of set-off and carry forward of losses could not be denied for the reason that the assessee did file return of income manually within the due date specified under section 139(1).

Taxability of Capital gain on Sale of booking rights of flat

February 6, 2018 15702 Views 0 comment Print

Miss Indira Vasanji Shah Vs. DCIT (ITAT Mumbai)  owners of the plot have authorised the developer to take the plot and the moment the assessee has booked the flat and flat has been allotted to the assessee, a valuable right has created. It is a capital asset and that right continued till the assessee entered […]

Applicability of Section 50C on Transfer of property through transfer of shares in company

February 5, 2018 14934 Views 0 comment Print

On the facts and circumstanced of the case, the learned Commissioner (Appeals) has erred in law in deleting the addition of Rs. 2,21,09,600 holding that the provision of section 50C of the Income Tax Act, 1961 cannot be invoked in this case when there was a transfer of immovable property in view of the provisions of section 2(47)(vi) of the Income Tax Act, 1961

S. 32(1)(ii) Depreciation on non-compete fee as intangible assets: HC sends matter back to AO

February 5, 2018 2166 Views 0 comment Print

1. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in holding that Rule 8D cannot be invoked in the case of the assessee and in directing the A.O. to delete the addition of Rs.3,55,234/- made u/s 14A r.w.Rule 8D.

Mere dismissal of SLP without giving any reasons, cannot be equated with exposition of law

February 5, 2018 2478 Views 0 comment Print

These two appeals filed by the assessee relate to the assessment years 2012-13 & 2013-14. Since common issue is raised in both the appeals, we are, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience.

Payment of little higher rate of interest on unsecured loans justified as it involves lesser formalities

February 1, 2018 5730 Views 0 comment Print

There is no dispute with regard to the fact that creditors do fall within the category of specified persons contemplated in section 40A(2)(b) of the Act. Short question before us is, whether payment of interest at the rate of 18% to such persons on the loans availed from them is excessive or not, having regard to the fair market value of such loans.

Deduction U/s. 80P(2)(d) eligible to Co-operative society on Interest from co-operative banks despite not providing credit facilities to members

January 31, 2018 51636 Views 1 comment Print

There is no condition for co-operative society to be engaged in the activity of providing credits to the members or banking business for availing of the deduction under section 80P(2)(d).

All apartments received under development agreement would become one house for claim of section 54F/54

January 31, 2018 6837 Views 1 comment Print

Dr. Sudhir Naik (HUF) Vs. ITO (ITAT Hyderabad) Another contention is about claim of 54F/54. It was the contention that assessee has sold all the flats allotted to him and therefore, at the time of investing in the new house, he has no other house except this house. As seen from the agreements and the […]

Section 41(1) includes remission or cessation of any liability by a unilateral act

January 31, 2018 3759 Views 0 comment Print

Loss or expenditure or some benefit in respect of any such trading liability by way of remission or cessation shall be includible by a unilateral act by the first person who is assessee, i.e., debtor. There is no stipulation of such unilateral act by the creditor.

International transaction cannot be presumed merely on the basis of Statement of Assessee

January 30, 2018 1197 Views 0 comment Print

Renault India case: Just because assessee mentioned that marketing expenditure incurred by it helped promotion of Renault brand in India, it cannot be presumed that such expenditure resulted in any international transaction

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