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Addition for Capital Gain cannot be made for merely signing as a Confirming Party

January 4, 2018 5604 Views 0 comment Print

It has been clearly mentioned that the capital gain income has been declared in the return of income of Smt. Gyanwati Dhakar, who has actually sold this property. The assessee has just signed as a confirming party.

Compute working capital adjustment using OECD methods: ITAT upheld DRP direction

January 4, 2018 5760 Views 0 comment Print

Whether the observations of Honble DRP is right in directing the TPO to give working capital adjustment [using OCED methodology given in Annexure to chapter – 3 and applying SBI Prime Lending Rate (as on 30th June of the relevant financial year) as the interest rate] against the TPO order dated 16.01.2014 passed u/s 92CA(3) for A.Y. 2010-11.

No Penalty if income is assessed on estimate basis and addition is made on that basis

January 3, 2018 4044 Views 0 comment Print

. The provisions of section 271(1)(c) are not attracted in cases where income of the assessee is assessed on an estimate basis and addition is made on that basis. Even if the assessee is not able to substantiate the explanation, but his explanation is not lacking bona fide, and, therefore, we are of the view that it is not a fit where vigour of provisions of section 27 1(1) is attracted.

Addition U/s. 69 for Jewellery duly reflected in Books with evidenced source not sustainable

January 3, 2018 1548 Views 0 comment Print

The Kolkata bench of Income Tax Appellate Tribunal, in its recent order said that Investment in Jewellery cannot be treated as Unexplained when it is reflected in the books & the source of Fund is evidenced through Bank A/c.

Law on Exemption for Partners’ Share of Profit in Income of Firm

January 3, 2018 35370 Views 0 comment Print

The Kolkata bench of the Income Tax Appellate Tribunal (ITAT), in Vinod Agarwal vs Pr.C.I.T.Central, has explained the law on income tax exemption for partners’ share of profit in the income of the firm in detail.

Mere furnishing of confirmations & PAN not sufficient to prove creditworthiness of creditors

January 3, 2018 2733 Views 0 comment Print

Mayuri Infrastructure (P) Ltd. Vs ITO (ITAT pune) Mere furnishing of confirmations and PAN are not sufficient to prove the creditworthiness of the creditors. The assessee has to prove financial capacity of the creditors. The assessee was required to furnish evidence that would show financial worth of the creditors, such as bank statements, to remove […]

Commission to Director based on % of Profit is allowable in year of Profit Determination

January 3, 2018 3441 Views 0 comment Print

Since, the commission to the Managing Director was payable by the assessee company on the profits and the profits for the financial year 2009-10 was determined only in the year under consideration after finalizing the account. The allow ability on account of commission was crystallized in the year under consideration and the Ld. CIT(A) in our opinion was fully justified in allowing the same.

Compensation for resigning is eligible for tax benefit U/s. 10(10B) as Retrenchment Compensation

January 2, 2018 17313 Views 0 comment Print

Right now we are dealing with an employee who is giving up his source of livelihood under the threat of dislocation, and the hyper technical interpretations based on technicalities about the wordings in the settlement deed, signed by him under these compelling circumstances, is being taken as the understanding about assessee’ s actual conduct;

Interest U/s. 234B / 234C cannot be levied for period prior to date of survey on Income declared during Survey

January 2, 2018 3750 Views 0 comment Print

Emem Freight Forwarders Vs Dy. CIT (ITAT Mumbai)  Section 210 of the Act requires the assessee to pay advance tax at his own or in pursuance of the order of the assessing officer on or before each of the due dates specified under section 211 of the Act. In the instant case, the assessment year […]

Acquisition of flat in under construction building should be considered as Construction and not Purchase

January 1, 2018 5016 Views 1 comment Print

Booking of flat in an apartment under construction must also be viewed as a method of constructing residential tenements. Commencement of construction is not relevant for the purpose of sec. 54 and it is only the completion of construction.

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