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Section 69- Addition for cash deposited in bank after long period of withdrawal not justified

September 10, 2014 14225 Views 0 comment Print

AO, in his remand report could not bring out any fact that the cash withdrawn from Saving Bank Account and partnership overdraft account was used for other purpose anywhere else then, merely because there was a time gap between withdrawal of cash and its further deposit to the bank account, the amount can not be treated as income from undisclosed sources u/s 69 of the Act in the hands of the assessee.

Mere Change in Allotted flat without determining any consideration is not transfer

September 10, 2014 3116 Views 0 comment Print

Merely change in the flat without determining any consideration for the old flat cancelled and new flat transferred, it cannot be said that the old flat was sold and new flat was purchased on the date of change.

For indexation, date should be reckoned from the date from which original owner held property

September 7, 2014 2130 Views 0 comment Print

The brief facts of the case are that the assessee had sold her immovable property being residential flat No.101, 1st floor, Hill Queen, Pali Malla Road, Bandra, Mumbai for Rs. 1,55,00,000/- on 30.08.2006 and after indexation Long Term Capitasl Gains( LTCG) of Rs.1,26,20,624/- were determined.

Severe fall in standards of CA profession – ITAT

September 6, 2014 14843 Views 0 comment Print

ITAT held in its order that ICAI CPE programmes might have failed to achieve the desired objectives with some of the Chartered Accountants. It further said that it is hightime that the ICAI should take note of these practicalities and should take corrective steps in order to maintain/restore the high standards and quality expected from a C.A. professional.

Reference u/s 142A is exclusive prerogative of AO

September 5, 2014 2371 Views 0 comment Print

Hon’ble Hyderabad ITAT has in the case of Dr. G. Premalatha v/s DCIT has categorically held that the CIT(A) had no jurisdiction in appeal proceedings to call for a valuation report, which is the exclusive prerogative of the AO.

No TDS on Reimbursement of Leased Line Expense to Parent Company

September 2, 2014 996 Views 0 comment Print

ITAT Chennai ruling on reimbursement of communication expenses to foreign company and managing sales affairs outside India by International Flavours & Fragrances.

Differential treatment cannot be meted out to another co-owner while making assessment of same property

September 1, 2014 2204 Views 0 comment Print

Hon’ble Madras High Court in the case of CIT vs. Kumararani Meenakshi Achi (supra) has held that the differential treatment cannot be meted out to another co-owner while making the assessment of same property or while valuing the same property.

Interest paid on late payment of services tax dues and TDS is allowable

August 30, 2014 47547 Views 1 comment Print

DCIT Vs Narayani Ispat (P) Ltd. (ITAT Kolkata) Interest was paid for delayed payment of service tax & TDS. The interest for the delay in making the payment of service tax & TDS is compensatory in nature. As such the interest on delayed payment is not in the nature of penalty in the instant case […]

Deduction U/s 80IC can be claimed, despite no chemical change in composition of the raw material during manufacturing process

August 30, 2014 7388 Views 0 comment Print

assessee had set up a unit at Baddi in Himachal Pradesh for packaging of Horlics, Boost for Glaxo Smithkline Consumer Healthcare Ltd. The assessee filed its return of income claiming deduction u/s 80IC of Rs. 6,59,69,287/- @ 100% on the profits of the eligible business alleging

Assessee can maintain two separate portfolios, one for investment & other for business of dealing in shares

August 29, 2014 1547 Views 0 comment Print

The ld. Counsel for the assessee has furnished before us the details of transactions in shares made by the assessee in the year under consideration as well as in the immediately preceding year i.e. A.Y. 2006-07 to show that the nature of transactions including their frequency

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