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HC grants Stay to Vodafone as non-completion of hearing was solely attributable to revenue

July 12, 2021 756 Views 0 comment Print

Thus it is clear that non completion of hearing of this appeal is solely attributable to revenue. In these circumstances, we are of the considered opinion that there is no change in facts and circumstances of the case. Accordingly, we extend the stay for a period of six months or till the disposal of the appeal whichever is earlier.

Notional rent not leviable if a flat is inhabitable and in a ruinous condition

July 12, 2021 1476 Views 0 comment Print

Explore ITAT Mumbai’s rulings in Amit Jalan vs ACIT cases, covering issues like notional rent for vacant flats and municipal ratable values.

Expenses incurred on buy back of shares allowed as revenue expenditure

July 12, 2021 4272 Views 0 comment Print

Ocwen Financial Solutions Pvt. Ltd. Vs ACIT (ITAT Bangalore) During the previous year relevant to assessment year, the assessee had spent on buy-back of shares and debited the same to Profit & Loss account. The expenditure was disallowed by the AO in his draft assessment order holding the same to be capital expenditure. Hon’ble High […]

No Section 263 Revision If Assessment Orders neither Erroneous nor Prejudicial To Revenue Interest

July 11, 2021 1938 Views 0 comment Print

Kamal Kishore Mukati Vs PCIT (ITAT Indore) The facts in brief are that the assessee entered into an agreement in March 2006 for sale of agricultural land used for agricultural purpose. He received sale consideration in parts through banking channels. Sale deed was finally registered between March 2006 and April 2008. Before registering the sale […]

ITAT criticises CIT(A) for lack of judicious approach

July 11, 2021 885 Views 0 comment Print

Qantas Airways Ltd. Vs ACIT (ITAT Mumbai) Section 194C TDS deductible on Payment for use of lounge facilities by passengers A payment for the use of lounge facilities by the passengers, in our considered view, is clearly in the nature of payment for the use of certain facilities for the passengers. What passenger gets by […]

No Section 234E Late Fee for TDS return defaults prior to 1st June 2015

July 9, 2021 13497 Views 0 comment Print

Raj Veer Singh Vs ACIT (ITAT Delhi) We are of the considered view that no doubt provisions contained u/s 234E under which late fee has been levied for defaults of period in filing the TDS/TCS statements/returns but coordinate Benches of the Tribunal have followed one approach, though there are conflicting decisions of different High Courts […]

Cost of Land Conversion from Leasehold to Freehold allowable as Improvement Cost

July 9, 2021 13926 Views 0 comment Print

Sujit Majumdar Vs ITO (ITAT Allahabad) The issue before us is within narrow compass and concerns itself with the allowability of deduction u/s 48 towards cost of improvement with respect to amount paid by the assessee towards his share towards conversion of aforesaid property from leasehold to freehold. We have also carefully gone through the […]

Assessee cannot be published for its bona fide mistake in registering as local authority instead of AOP

July 8, 2021 834 Views 0 comment Print

If the assessee by mistake has wrongly registered itself under a wrong category that does not mean that the said mistake is not curable or that the assessee is to be punished for its bona fide mistake

Section 68: Sale of shares cannot be added when purchase not doubted

July 7, 2021 3603 Views 0 comment Print

No action appears to have been taken in the preceding assessment year treating the purchase of the shares as bogus. Therefore, once such bogus purchase is sold then the entire amount, in my opinion, cannot be added u/s 68 of the IT Act, 1961.

Assessee not become beneficial Owner because in account opening form name of the Assesse written as beneficial Owner

July 7, 2021 2157 Views 0 comment Print

Addl. CIT Vs Jatinder Mehra (ITAT Delhi) It is apparent that assessee does not own any share capital in case of Watergate advisors Limited as well as it also does not controls the above company as he does not have any shareholding or management rights in that With respect to the mention of the name […]

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