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Addition by CIT(A) without Opportunity to Assessee is invalid

March 8, 2017 2712 Views 0 comment Print

Section 251(2) provides that the Commissioner (Appeal) shall not embark on enhancement of an assessment unless the assessee has been granted a reasonable opportunity of showing cause against such We find no reference to the issuance of enhancement notice in the appellate order of the CIT(A).

Exclusion of comparables based on Turnover and size filter is valid

March 8, 2017 2679 Views 0 comment Print

Bombay High Court decision upheld the DRP order in excluding 6 companies, from the list of comparables chosen by the TPO, on the basis of turnover and size. Following it , we uphold the DRP order in excluding the above 6 companies, from the list of comparables chosen by the TPO, on the basis of turnover and size.

ITAT vacates stay on demand on flouting of terms of stay of demand

March 7, 2017 1005 Views 0 comment Print

This appeal, filed by the assessee, being ITA No. 971/Mum/2016 for assessment year 2011-12 has come up for hearing today i.e. 23-02.2017 whereby ld. Counsel Shri Hiten Chande,CA on behalf of the assessee and Mrs. Malathi Sridharan, CIT DR on behalf of the Revenue were present. The Assessing officer was also present during the course of hearing.

Purchase not Bogus for dealing with traders declared as hawala dealers by sales tax department

March 7, 2017 2973 Views 0 comment Print

ITAT held that purchases cannot be treated as bogus merely on the basis of assessee’s dealing with parties who were found out to be hawala dealers by the sales tax department.

Sec. 68 Unexplained Credit can only be added to taxable income of AY in which it occurs

March 7, 2017 2586 Views 0 comment Print

In a recent ruling, the ITAT Jabalpur, decided the case in favour of the assesse, deleting the additions made by the Assessing Officer towards sundry creditors amounting to Rs. 5.07 lacs. The court held that under Section 68 of the Income-Tax Act, 1961

Penalty not levaiable on Management Bonus not offered to tax as books of company not finalised

March 7, 2017 957 Views 0 comment Print

In this case the bonus was determined after finalisation of accounts in the month of September 2009. The same related to income for the period ended 31st March 2009. The company which is the employer of the assessee did not deduct TDS of the said income till filing of income tax return by the assessee.

Letter of allottment date must be taken as date of holding asset

March 6, 2017 4620 Views 0 comment Print

ITAT held that holding period should be computed from the date of issue of allotment If we do so, the holding period becomes more than 36 months and consequently, the property sold by the assessee would be long term capital asset in the hands of the assessee and the gain on sale of the same would be taxable in the hands of the assessee as Long Term Capital Gain

Forfeited share application money is Capital Receipt and is Not Taxable

March 6, 2017 18114 Views 0 comment Print

It is a fairly settled law that forfeiture of share application money which has been duly received by the appellant in terms of prospect and credited to capital reserve account was a capital receipt.

Reinstatement of employees benefit obligation allowable in Computation of Book Profit U/s. 115JB

March 6, 2017 1560 Views 0 comment Print

Amount withdrawn from General Reserve on account of reinstatement of employees benefit obligation is allowable while computing Book Profit u/ s 115JB as same is an obligation of the assessee as an employer and is an ascertained liability.

Fortified Advance paid for Purchase of Property for business allowable as business expenditure

March 6, 2017 3819 Views 0 comment Print

Assessee pointed out that the property in question was intended to be purchased for the purpose of constructing office premises and was directly related to the business of the assessee and therefore the deduction claimed should be allowed. As in the present case the Assessee did not acquire any capital asset and merely paid advance […]

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