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Transfer of property to daughter through sale deed cannot be treated as gift

November 8, 2017 4758 Views 0 comment Print

Assessee has contended that the impugned property had been transferred to her daughter as a gift and therefore charging Long Term Capital Gains applying provisions of Section 50C is bad in law. In its written submission on behalf of the assessee, the learned Authorised Representative of the assessee has contended that the intention of the […]

Wealth Tax not payable on Cash Balance generated out of Cash Sales

November 8, 2017 3678 Views 0 comment Print

Cash in hand referred to in Section 2(ea)(vi) of the Act represents only the personal cash of the assessee emanating from his personal balance sheet. It nowhere contemplated the inclusion of cash which is held as business asset.

Reassessment for mere cash deposit info received through AIR is invalid

November 7, 2017 15054 Views 0 comment Print

Revised grounds of appeal were filed by the assessee, which are placed on record. Amongst various grounds of appeal taken by the assessee, main grievance and issue raised by the assessee-appellant before this Tribunal relates to validity of the proceedings under section 148 of the Income-tax Act, 1961

Preservation of Environment is charitable Activity eligible for Sec. 11(1)(a) exemption

November 7, 2017 7035 Views 0 comment Print

Ahmedabad bench of the ITAT observed that the activities of the Gujarat Environment Service Society are charitable in nature. The main issue before the Tribunal was that whether the assesse is entitled for benefit of section 11(1)(a) of the Income Tax Act, 1961 or not. Section 11(1)(a) is about exemptions related to charity.

Google Case: No stay on demand on the ground of Appeal Filing

November 7, 2017 2157 Views 0 comment Print

M/s. Google India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The present stay petition is filed seeking further extension of the stay of demand. Admittedly there is change of the circumstances from the first stay order, since this Tribunal had disposed of the appeal involving identical issue for earlier years against the assessee. Therefore, the principle […]

Addition based on mere print out from third party computer not sustainable

November 7, 2017 2967 Views 0 comment Print

Addition made on the basis of a print out taken from the computer of a third party without there being no other corroborative evidence brought on record to prove the fact that the payment mentioned in the seized material was actually received by the assessee, not sustainable.

Commission paid to MD & working Directors is allowable expense

November 6, 2017 15690 Views 0 comment Print

We find that during the year under consideration, the assessee company has already declared the dividend of ₹ 5.40 crores and hence, it cannot be doubted that the payment of dividend was made in the guise of commission to the directors.

Two assets falling under different classes having same depreciation rate constitutes a single ‘block of assets’

November 5, 2017 8751 Views 0 comment Print

section 2(11) of the Indian Income Tax Act, 1961 specifies as only two class of assets i.e., tangible and intangible assets and within these two classes of assets, assets having same rate of depreciation are prescribed and they fall within the same block.

80P Deduction eligible to Co-op Societies providing Credit facilities only to its Members

November 5, 2017 3039 Views 0 comment Print

A co-operative society registered under the Karnataka Co-operative Societies Act, which is not having a banking license from the RBI to carry on the business of banking, cannot be deemed to be a co-operative bank coming within the ambit of section 80P(4) of the Act.

Addition cannot be made for invalid gift of immovable property

November 5, 2017 1881 Views 0 comment Print

If the gift is invalid then the assessee is not even owner of any property and therefore, no question arises for making addition in the hands of the assessee in respect of that property which is not even owned by the assessee and in that case also, addition if any may be made in the hands of the donor if the donor is not able to explain the source of investment.

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