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Order u/s 143(3) r.w.s.153A Void if AO erred in assuming jurisdiction u/s 153A

January 14, 2017 8620 Views 0 comment Print

AO’s assumption of jurisdiction under section 153A of Income Tax Act,1961 and consequent passing of order of assessment u/s. 143(3) r.w.s. 153A is void if Assessing Officer erred in assuming jurisdiction u/s 153A

Improper Notice for Assessment- Assessment can be quashed

January 14, 2017 3088 Views 0 comment Print

Notice as prescribed U/s. 143(2) was not properly served on assessee, ITAT Kolkata, held, that assessment made U/s. 144 of the Act was not valid & it was quashed.

Expense on improvement of leased building not allowable U/s. 37(1) but depreciation can be claimed on the same

January 13, 2017 11064 Views 0 comment Print

Business of the assessee is carried on in the leased property and any expenditure is incurred on the construction of any structure by way of renovation, extension or improvement, then, section 32 will apply and accordingly, the assessee can claim depreciation on the value spent on such improvement or changes in the structure.

Bogus capital gains from penny stocks- Off-market transactions not illegal

January 6, 2017 7138 Views 0 comment Print

In view of these glaring facts, the assessment of Smt. Jaya Agrawal and the fact that the relevant purchases for AY 2004-05 have been held to be genuine, we see no infirmity in the order of ld. CIT(A) in deleting these additions. On the issues of Shri Chokshi, Mahasagar Securities Pvt. Ltd. and Goldstar Finvest Pvt. Ltd., a catena of judgments from ITAT, Mumbai and Ahmedabad is available in favour of the assessee which view also stands confirmed by Hon’ble Bombay High court in the case of Shri Mukesh Moralia.

Validity of scrutiny assessment- Notice issued U/s. 143(2) based on original Vs revised return

January 3, 2017 6294 Views 0 comment Print

M/s Padmini Products Pvt. Ltd. Vs DCIT (ITAT Bangalore) Assessee filed return of income declaring loss and thereafter, filed revised return enhancing the amount of loss declared in the original return. The case of the assessee was selected for scrutiny and notice under section 143(2) was issued by AO. The assessee contended that the scrutiny […]

Loans received in earlier Years – Addition u/s 68 Cannot be Made in Present Year

January 3, 2017 8728 Views 0 comment Print

ITAT held that No addition can be made u/s 68 in respect of any loan received prior to start of previous year relevant to present assessment year.

Penalty only on Disproved claim of expenditure & not unproved

December 30, 2016 2587 Views 0 comment Print

Hon’ble Delhi ITAT held that Penalty can be imposed only on disproved claim of expenditure and not unproved claim of expenditure.

Company with extraordinary events cannot be considered as comparable

December 28, 2016 2607 Views 0 comment Print

ITAT held that on account of extra ordinary events viz. acquisition of IQ group of companies and amalgamation of Accentia Infoserve Pvt. Ltd with Accentia Technologies Ltd, the said company cannot be considered as good comparable.

Section 50C Market Value on sale deed date or stamp duty value on sale agreement date

December 23, 2016 11440 Views 2 comments Print

For determination of capital gains according to section 50C market value of property as on date of sale deed or stamp duty value as on date of agreement to sale: which has to be taken?

Land cannot be classified as non-agricultural for mere agricultural activity absence

December 23, 2016 5155 Views 2 comments Print

Whether an agricultural land held by assessee, which is suitable for agricultural operation, loses the characteristics of agricultural land merely because no agricultural operation was carried by assessee on such land?

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