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Oral statement cannot over ride documentary evidence; No addition on mere Statement

November 25, 2016 2592 Views 0 comment Print

AO was not justified to make addition solely on the basis of the statement of Shri Hanuman Yadav when there was a registered sale deed and more particularly when the maker of statement has not challenged the sale deed before any court of law.

As per Indian culture, competent members who work in business of family, are paid as others are paid

November 23, 2016 1648 Views 0 comment Print

It is natural in Indian culture that if the members of the family are competent to work in the business of the family, naturally they will be required to pay the minimum / the same compensation/benefit/incentive as other employees are paid.

Multiple houses in single residential complex constitutes “a residential house” for Section 54/ 54F

November 17, 2016 3222 Views 0 comment Print

Where a residential house was transferred and four flats in a single residential complex were purchased by the assessee, it was held that all four residential flats constituted “a residential house” for the purpose of Section 54 and that the four residential flats cannot be construed as four residential houses for the purpose of Section 54.

Interplay between Article 9 of India Netherlands DTAA & Transfer Pricing law

November 17, 2016 4185 Views 0 comment Print

These appeals raise an interesting issue with respect to interplay of Article 9 of India Netherlands Double Taxation Avoidance Agreement and TP adjustments under domestic TP law.

Additional depreciation cannot be claimed on Machinery used during earlier years

November 16, 2016 7797 Views 0 comment Print

First requirement to claim of additional depreciation is that there should a new machinery or plant. A machinery is new till it is first put to use. Once it is used, it is no longer a new machinery. Admittedly, the machinery, on which additional depreciation has been claimed, was already used in various preceding previous […]

Appraisal report cannot substitute requirement of recording of satisfaction in case of persons searched

November 16, 2016 3792 Views 0 comment Print

Shri Anil Agarwal Vs ACIT (ITAT Indore) It has been held that even when the Assessing Officer of the person searched and the other person is common, the Assessing Officer of the person searched has to necessarily form a satisfaction that the item referred to in section 153C belongs or belong to a person other […]

Set off of LTCG on sale of Land against Loss on off-market sale of shares

November 7, 2016 3198 Views 0 comment Print

By adopting tax planning, long-term loss on sale of shares suffered by assessee on off-market sale transactions can legitimately be adjusted against long-term capital gains on sale of land.

Treatment as per Income Tax & Ind AS on slump sale between common control entities

November 4, 2016 31755 Views 0 comment Print

Treatment as per Income Tax Act and Indian Accounting Standard in case of Slump sale / Sale of Division/ sale of undertaking between entities under common control for acquirer Common Control: Common control business combination means a business combination involving entities or businesses in which all the combining entities or businesses are ultimately controlled by […]

S. 14A cannot be invoked if no regular activity in respect of Investment

October 22, 2016 3361 Views 0 comment Print

ITAT Held that Section 14A of Income Tax Act,1961 cannot be invoked, where no regular activities were undertaken by the Assessee in respect of the investments to earn exempt income and no change in the investments during the year?

Client Creation Cost- Is it intangible asset entitled to depreciation @ 25%?

October 21, 2016 3244 Views 1 comment Print

Client acquisition cost paid by the appellant was towards acquiring an intangible asset and therefore eligible for depreciation under section 32(1)(ii) of the Act @ 25%.

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