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Profits on sale of land held as Investment for 6 years assessable as Capital Gains

October 10, 2021 1932 Views 0 comment Print

JCIT (OSD) Vs Adrus Estate and Properties LLP (ITAT Pune) It is an undisputed fact that the land was recorded in the books of account as part of investment. It is settled position that the treatment given in the books of account gives an indication as to the intention of the assessee to hold asset […]

CBDT have no power to Enlarge the scope of MCI regulation

October 10, 2021 2031 Views 0 comment Print

Evolutis India Private Vs ACIT (ITAT Mumbai) Enlargement of the scope of MCI regulation to the pharmaceutical companies or other health sector industry by the CBDT is de hors any enabling provision either under the Income Tax Act or under the Indian Medical Council Regulations. In our considered view, though the CBDT can tone down […]

No fault of bank for non deduction of TDS relying on CA Certificate

October 9, 2021 1173 Views 0 comment Print

State Bank of Patiala Vs ITO (ITAT Amritsar) Admittedly the issue pertaining to exemption of I.K. Gujral Punjab Technical University Jalandhar, it is pending adjudication before the Hon’ble High Court of Punjab and Haryana. Nonetheless the certificate was issued by the chartered accountant of I.K. Gujral Punjab Technical University Jalandhar, certifying that the assessee is […]

Share Transfer without consideration or at a price lower than FMV not attracts Section 56(2)(vii)

October 9, 2021 55236 Views 0 comment Print

It was held that transfer of shares of a company to a firm or a company, instead of an individual or an HUF, without consideration or at a price lower than the fair market value does not attract Section 56(2)(vii) of the Income Tax Act.

Section 115BBE addition unsustainable for Search conducted prior to 01.04.2017

October 8, 2021 369 Views 0 comment Print

Held that search was carried out before the amendment, the addition ought to have been made in terms of the prevailing provision. Therefore, the addition made by the AO invoking Section 115BBE provision of which came into force only on 01.04.2017 is not sustainable.

An Assessment attracts Section 263 revision if AO has not taken one of two possible views

October 8, 2021 645 Views 0 comment Print

Sanctuary Television Pvt. Limited Vs DCIT (ITAT Hyderabad) The PCIT holds that in this case administrative expenses were in the nature of pre-operative expenditure which could not be set-off against the assessee’s foregoing interest income. And that the Assessing Officer’s action allowing the assessee’s claim in a very casual and mechanical manner deserves to be […]

Direct beneficial interest in asset/ bank account is a pre-requisite for issuing Notice u/s 148

October 8, 2021 1035 Views 0 comment Print

Hon’ble Tribunal uphold the observations of Ld. CIT(A) wherein it was observed that in order to assess the asset/bank account held by a third party in the hands of the respondent assessee the department has to prove that the assessee has direct beneficial interest in the asset/bank account held by third party.

An agreement shall reflect a true commercial substance of transaction

October 7, 2021 939 Views 0 comment Print

Parexel International Clinical Research Private Limited Vs DCIT (ITAT Bangalore) In this case, the assessee coordinated between the individual investigator and Paraxel International GmbH Germany. The contention of the assessee is that assessee has not undertaken any risk and all risk was taken over by Paraxel International GmbH Germany and relied on the Addendum dated […]

Section 54F exemption available on Multiple Flats obtained under JDA

October 7, 2021 13008 Views 0 comment Print

ITAT, Bengaluru Bench in the case of Smt. Nethravathi, Bengaluru vs ITO in ITA No.2630/Bang/2017 order dated 25.04.2018 wherein this Tribunal took the view that multiple flats obtained under JDA would be entitled to deduction under section 54F of the Act.

AO cannot estimate GP rate without rejection of books & without showing defects

October 5, 2021 6426 Views 0 comment Print

Sanjay Agrawal Vs DCIT (ITAT Raipur) – Rejection of books, arbitrary income estimation, and legal principles – AY 2012-13.

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