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Differential Sales Tax paid for non-deposit of forms is allowable as deduction

September 15, 2020 3816 Views 0 comment Print

Gem Electro Mechanicals Pvt. Ltd. Vs ACIT (ITAT Jaipur) Since there was delay in depositing the aforesaid amount of sales tax, therefore, the assessee was made to deposit interest amounting to Rs. 2,71,826/- on such delayed payment of sales tax amount and Rs. 3,152/-on delayed payment of Excise/Custom Duty & Service Tax. The AO during […]

In case of unaccounted sales only profit therefrom can be taxed

September 15, 2020 9714 Views 1 comment Print

Nawal Kishore Soni Vs ACIT (ITAT Jaipur) It is evident from entries found in cash book of Ram Kumar Soni and from statement recorded from assessee in course of survey that assessee purchased gold in period of demonetization which was obviously for sale to persons on receiving cash from them as the same is normal […]

Income already disclosed under PMGKY, 2016 cannot be treated as Unexplained Income u/s 68

September 15, 2020 1005 Views 0 comment Print

The issue under consideration is whether the CIT(A) was right in deleting the addition made by the AO on account of unexplained investment in purchase of gold?

Purchased 4 Adjacent Residential Flats- Can Claim Exemption U/S 54F?

September 15, 2020 7233 Views 0 comment Print

Mrs. Kamal Murlidhar Mokashi Vs. ITO (ITAT Pune) Capital Gain-Purchased 4 Adjacent Residential Flats- Can Claim Exemption U/S 54F (With Provisions of Section 54F) In this article I will discuss some clarification (with the judgment of a recent case law) regarding the provisions of Section 54F i.e. Exemption from Capital Gain on purchase of Residential […]

AO cannot treat Share Premium as Bogus without proper investigation

September 14, 2020 1905 Views 0 comment Print

ITO Vs. Aravali Prime Consultants Pvt. Ltd. (ITAT Jaipur) In this case, it is noted that the AO during the course of assessment proceeding made the addition of Rs. 2,63,15,000/- (138500 shares x Rs. 190 per share) on account of share premium received on issue of shares by the assessee company. Thus the AO observed […]

Section 271(1)(c) penalty cannot be levied on additions based on estimate

September 14, 2020 13575 Views 0 comment Print

Vishnu Tambi Vs DCIT (ITAT Jaipur) Under Section 271(1)(c) of the Act, the authority has been given discretion to levy the penalty in case there is a concealment of particulars of income and also with regard to quantum of penalty. However, it is a basic need of the provisions of law that definite finding is […]

100% of Bogus Purchase cannot be disallowed as Sales are linked with Purchases

September 14, 2020 10887 Views 0 comment Print

The issue under consideration is whether the CIT is correct in restricting the disallowance u/s 69C against bogus purchase at rate of 12.5% of the bogus purchases?

Amount taxed in the head of related entities, cannot be taxed in the hand of Appellant

September 14, 2020 843 Views 0 comment Print

DCIT Vs Jugal Kishore Garg (Derewala) (ITAT Jaipur) The ld. CIT(A) observed that it is evident that the surplus being referred to by the Ld. AO is not profit from the projects but the receipts of ‘on money’ credited to the capital accounts of the partners which has been considered in the additional income offered […]

Surplus consideration received on ‘Surrender of Booking Rights’ tantamount to ‘Capital Gains’

September 13, 2020 11322 Views 2 comments Print

Mukesh Sohanraj Vardhan Vs. ITO (Mumbai ITAT) The ITAT Mumbai has put to rest an important controversy in the case of Mukesh Sohanraj Vardhan vs Income Tax Officer Mumbai decided on 28 August 2020 by holding that the extra consideration received on cancellation of Booking of Flats constitutes a ‘Capital Receipt’ and cannot be taxed as […]

Tenant is Deemed Owner in case of Long Term Lease & Rent Taxable as House Property Income

September 13, 2020 11178 Views 0 comment Print

whether assessee is considered as monthly tenant or deemed owner of the premises u/s.27(iiib) read with Section 269UA(f)(i) of the Act and accordingly whether rental income is taxable u/s.22 as ‘income from house property’ or not?

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