Follow Us:

All ITAT

Pre-School falls in the term 'education' as envisaged u/s 2(15)

July 5, 2016 4822 Views 0 comment Print

The education has got different meaning, purpose or object for each person depending upon its position and background. We have education of various types e.g. Pre-schooling, schooling, higher education, professional education, vocational training, professions training etc etc.

Security deposit forfeited against outstanding rent is allowable

July 3, 2016 9040 Views 0 comment Print

The AO while completing the assessment disallowed the write off of security deposit treating it as capital deposit and by observing that it cannot partake the nature of revenue expenditure. He also observed that this deposit was not offered as income in the books of account and the transaction of passing security deposit is a capital transaction and does not qualify the basic condition that it was credited as income in the past.

CIT cannot revise assessment for issues already examined by AO

June 28, 2016 3478 Views 0 comment Print

ITAT Mumbai held that CIT cannot revise assessment for making afresh examination of an issue already examined by the AO who has taken one of the possible views because there has been no erroneous order which could ordered to be revised.

Can Non Resident Assessee avail 10% Tax rate on LTCG?

June 26, 2016 4183 Views 0 comment Print

The assessee had applied tax rate of 10% in the terms of the proviso to section 112(1) of the Income Tax Act. However, the AO has applied tax rate of 20% as the proviso below section 112(1)(c) was not applicable in the case of non-residents.

Reopening invalid if AO records satisfaction in mechanical manner & without application of mind

June 26, 2016 3808 Views 0 comment Print

While the CIT may have proceeded on the basis that the reopening of the assessment was valid, this does not satisfy the requirement of law that prior to the reopening of the assessment, the AO has to, applying his mind to the materials, conclude that he has reason to believe that income of the Assessee has escaped assessment.

Demolition/Redevelopment not amounts to transfer, so no withdrawal of 54F

June 26, 2016 4231 Views 0 comment Print

The assessee has been denied the deduction u/s 54F of the Act. the assessee has duly purchased and made investment in the residential bungalow at Juhu(new asset) along with co-owner Smt. Chhaya B. Parekh. The said bungalow was demolished for the purposes of redevelopment.

In case of AIR based scrutiny AO’s scope is limited to AIR transactions only

June 26, 2016 5743 Views 0 comment Print

ITAT Amritsar held that the scrutiny of cases selected on the basis of information received through Annual Information Return (AIR) would be limited only to the aspects of information received through AIR.

Commercial Guarantee by Co. to its subsidiary can’t be considered same as that of provided by Bank for ALP

June 26, 2016 1357 Views 0 comment Print

Assessee had provided a corporate guarantee on behalf of its associated enterprise M/s. Thomas Cook Mauritius Operations Co. Ltd. for banking facilities availed by it from HSBC bank to the extent of Rs.6,01,80,000/-.

Sec 32(2) amended by FA, 2001applies to Unabsorbed depreciation of prior period

June 25, 2016 3217 Views 0 comment Print

Any unabsorbed depreciation available to an assessee on 1st day of April 2002 (A. Y. 2002-03) will be dealt with in accordance with the provisions of section 32(2) as amended by Finance Act, 2001. And once the Circular No. 14 of 2001 clarified that the restriction of 8 years for carry forward

S. 80IA Initial assessment year means 1st year opted by assessee for deduction

June 20, 2016 4189 Views 0 comment Print

The assessee being eligible had option to start claiming deduction from any of the assessment years within time frame of Ay 2004-2005 to AY 2019-2020. Assessee exercises the option in AY 2008-09. AO made the disallowance by holding that assessment year 2004-05 is the initial AY. ITAT issued order in favour of Assessee.

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