Follow Us:

All ITAT

Shares acquired from overseas investors are also foreign exchange assets u/s 115E

October 31, 2017 1032 Views 0 comment Print

Sri Shashi Parvatha Reddy Vs DCIT (ITAT Hyderbad) Coming to the second category of shares i.e. the original and the bonus shares transferred to the assessee by the overseas investors without any cost attached to them, we find that the original shares were initially purchased or acquired by the overseas investors by way of inward […]

Invocation of rule 8D justified if exempt income is earned

October 30, 2017 807 Views 0 comment Print

Outsource Partners International (P.) Ltd. Vs DCIT (ITAT Bangalore) It was not a case where no exempted income is earned and AO applied rule 8D for as rule 8D of Income Tax Rules takes care of all aspects of interest bearing funds and interest free funds and expenditure incurred in management of portfolios, etc., once […]

S. 271(1)(c) Penalty notice without specifying which of two limbs are being put-up is invalid

October 29, 2017 5082 Views 0 comment Print

The captioned two appeals by the assessee relating to Assessment Years 2005-06 and 2006-07 involve a common issue, therefore, they have been clubbed and heard together and a consolidated order is being passed for the sake of convenience and brevity.

Sec. 254(2) amendment applies to orders passed after 01/06/2016

October 29, 2017 2088 Views 0 comment Print

These Miscellaneous Applications are filed by the assessee seeking rectification of mistake apparent on the record in the order dated 06/09/2013 passed by the Tribunal while disposing of bunch of appeals filed by the department.

Addition U//s 41(1) not justified for creditors paid in subsequent years

October 29, 2017 11853 Views 0 comment Print

This is an appeal filed by the assessee against the order dated 7-11-2014 of learned Commissioner (Appeals)-XXVIII, Delhi for the assessment year 2011-12. In this appeal, the assessee has also filed a stay petition seeking stay of the outstanding demand.

No disallowance U/s. 40(a)(ia) for Payment to resident without TDS if he paid tax on such income

October 27, 2017 9417 Views 0 comment Print

What was common to both the provisos to section 40(a)(ia) and section 210(1) was that as long as the payee/resident had filed its return of income disclosing the payment received by and in which the income earned by it was embedded and had also paid tax on such income, the assessee would not be treated as a person in default.

ITAT deletes penalty on Failure of AO to mention specific limb of section 271(1)(c); Penalty cannot be imposed for mere valuation difference

October 26, 2017 2469 Views 0 comment Print

Penalty U/s. 271(c) Addition for difference on account of method of valuation of Closing Stock without any intention to to conceal income or furnishing of inaccurate particulars of income not justified

Section 54/54F exemption not available if house purchased is not for residence of the Assessee

October 25, 2017 3999 Views 0 comment Print

In the case of more than one properties are purchased by the assessee, the option is available with the assessee to claim benefit under Section 54 in respect of the residential house purchased for the assessee’s own residence.

TDS not deductible on Reimbursement of expenses billed separately

October 25, 2017 66219 Views 0 comment Print

In this case the appellant is receiving the material on Freight Prepaid basis (C&F). The foreign shipping companies were charging only the incidental charges like Port charges, Container payment, Stationery charges, License fees, Stamp charges, Bank charges, De-stuffing charges etc.

Hyderabad Cricket Association allowed to claim exemption u/s. 11

October 25, 2017 1212 Views 0 comment Print

Hyderabad Cricket Association is not engaged in activities in nature of trade and commerce or business and therefore, eligible to enjoy the benefit of section 11 of the Income Tax Act, 1961, the Income Tax Appellate Tribunal, Hyderabad bench said last week while disposing appeals filed by both HCA and the department.

Search Post by Date
June 2026
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930