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ITAT held short Term Capital Loss from a penny stock as Bogus

August 19, 2020 3897 Views 0 comment Print

Shri Sanjay Kaul Vs ITO (ITAT Delhi) Whether the transaction carried out by the assessee and the claim of the short Term Capital Loss is in the normal course of the investment activity of the assessee. We find that the Assessing Officer has referred to investigation done by the Directorate of Investigation, Kolkata, to highlight the […]

In absence of agreement SDV on First Digital Payment date can be adopted for Section 50C & 56(2)(x)

August 19, 2020 2973 Views 0 comment Print

The issue under consideration is whether the stamp duty valuation at the time of first digital payment can be adopted if the agreement to sale is lost or inaccessible for any reason whatsoever?

No addition for AMP transactions in absence of International Transaction between Taxpayer & AE

August 18, 2020 657 Views 0 comment Print

The issue under consideration is whether addition made on account of Advertisement, Marketing, and Sales Promotion (AMP) transactions is justified in law?

Carbon Credit sale receipt is Capital Receipt & Not Liable to Tax

August 18, 2020 2046 Views 0 comment Print

DCIT Vs Bhoruka Power Corporation Ltd. (ITAT Bangalore) The issue under consideration is whether receipt on account of sale of carbon credit is Revenue Receipt or Capital Receipt? ITAT states that carbon credit is in the nature of ‘an entitlement’ received to improve world atmosphere and environment reducing carbon, heat and gas emissions. The entitlement […]

Object beneficial to a section of public is an object of general public utility

August 18, 2020 708 Views 0 comment Print

Delhi Police Education Fund Vs CIT (ITAT Delhi) Assessee argued that the assessee is involved in promoting the post Higher Secondary Education and fulfils the test of Section 2(15) of the Act, the definition of charitable purpose. Ld. DR argued that the assessee’s activities are limited to the wards of the Police personnel. Hence, it […]

Taxability of ‘Referral fees’ for technical services under India-Singapore DTAA

August 18, 2020 4275 Views 0 comment Print

Edenred Pte Ltd. Vs DDIT (ITAT Mumbai) In the instant case, the appellant has received fees for referral services/other services of Rs.39,94,209/- from Surf Gold in the year under consideration. It is relevant to mention here that as per the India-Singapore DTAA, the services in the nature of managerial, technical or consultancy nature are taxable […]

Section 56(2)(vii)(b) Not Applicable if It Is Not Enacted as on Date of Agreement

August 17, 2020 25134 Views 0 comment Print

The issue under consideration is whether provisions of section 56(2)(vii)(b)(ii) are applicable on difference between consideration paid for purchase of property and SRO value as on date of agreement?

ITAT restricts addition for Bogus Purchase to the peak of purchases

August 16, 2020 1557 Views 0 comment Print

ITO Vs Shri Sunil Govind Agre (ITAT Mumbai) During the course of assessment proceedings, the AO called for information u/s 133(6) from the above two parties in order to verify the genuineness of transactions. However, the notices sent by him could not be served and these were returned un-served by the postal authorities with the […]

IBM India liable to pay interest for delay in filing ITR on incremental income pursuant to APA: ITAT

August 16, 2020 1695 Views 0 comment Print

IBM India Pvt. Ltd. Vs ACIT (ITAT Bangalore) It has been submitted by Ld.Counsel that as a consequence of APA entered into by assessee, income was increased vis-a-vis original computation at page 322. Referring to revised computation at page 328 of paper book volume 1, he submitted that, incremental increase in the income is Rs.7,74,2 […]

Disallowance of rebate/discount to its overseas AEs: ITAT directs AO to verify Agreements/MOUs

August 16, 2020 525 Views 0 comment Print

Bureau Veritas Consumer Products Services (India) Private Limited  Vs ACIT (ITAT Delhi) ITAT held that It is true that the assessee has paid rebate/discount to its overseas AEs. It is equally true that such arrangement has been done through Master Service Agreements (‘MSA’) with various overseas companies (sample JC Penny ) for providing testing and […]

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