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Actual results of later years cannot be used for Valuation of shares: ITAT

August 5, 2020 1548 Views 0 comment Print

Flutura Business Solutions Pvt. Ltd. Vs ITO (ITAT Bangalore) We are of the view that, the Assessing Officer has erred in considering the actuals of revenue and profits declared in the future years as a basis to dispute the projections. At the time of valuing the shares as on 16.04.2012, the actual results of the […]

TP Adjustment for notional Interest on outstanding receivables

August 4, 2020 3207 Views 0 comment Print

Global Logic India Ltd. Vs ACIT (ITAT Delhi) Now coming to the next issue raised in the present appeal against the transfer pricing adjustment made on account of interest due on receivables outstanding. The said issue stands covered in favour of the assessee by the decision of the Tribunal in assessee’s own case for Assessment […]

No Addition against Individual family Member, for Gold/ Silver Belonging to Entire Family

August 3, 2020 1284 Views 0 comment Print

The issue under consideration is whether the addition can be made against an individual member of the family, even if the that gold in possession belongs to entire family?

Depreciation allowable on Actual Cost of Assets without reducing Subsidy

August 2, 2020 9378 Views 0 comment Print

Where the Government subsidy is intended as an incentive to encourage entrepreneurs to move to backward areas and establish industries, the specified percentage of fixed capital costs, which is the basis for determining the subsidy, is only a measure adopted in the scheme to quantify the amount of subsidy and it is not a payment directly or in directly to meet any portion of the actual costs of assets.

Addition for unexplained gold cannot include value of Silver

August 2, 2020 852 Views 0 comment Print

The issue under consideration is whether the addition for unexplained Gold made by combining the value of Gold and Silver is justified in law?

MCI Code of Conduct not Applicable to pharma companies; Freebies to doctors allowed

August 2, 2020 5025 Views 0 comment Print

ITAT states the code of conduct prescribed by the Medical Council is applicable only to medical practitioners/ doctors registered with the MCI and does not apply to pharmaceutical companies & the healthcare sector in any manner.

No Penalty can be Levied on Cash Deposits if Assessee explained Source

August 1, 2020 2208 Views 0 comment Print

Deoyani Movies Pvt. Ltd. Vs ITO (ITAT Pune) No Penalty can be Levied on Cash Deposits if Assessee Explained its Source from Earlier Withdrawal and Recorded in Books of Accounts Simply because cash deposited in the bank is a little more than the cash sales, it cannot call for any addition, what to talk of […]

Section 54F deduction restricted to only one residential property

July 31, 2020 5235 Views 0 comment Print

The issue under consideration is whether the capital gain deduction benefit is restricted to only one residential property under section 54F of the Income Tax Act?

A flat buyer acquire vested right in flat upon payment of consideration & execution of allotment letter

July 31, 2020 5550 Views 0 comment Print

Yogesh Mavjibhai Gala Vs PCIT (ITAT Mumbai) A flat buyer acquire vested right in the flat upon payment of consideration and execution of allotment letter The holding period for the purpose of capital gain for income tax is calculated from the date of allotment of flat and not from the date of possession of flat. […]

Higher profit rate cannot be estimated merely based on suspicion & conjectures

July 31, 2020 5274 Views 0 comment Print

Assessee produced all books of account, vouchers, bills and other documents but AO without pointing out any mistake and error in the bills/vouchers and without rejecting books of account, made addition @8%. On basis of suspicion and conjectures that assessee might be inflating its expenses and showing net profit ratio at a very low rate. Therefore, ends of justice would be met, if net profit rate of 2.50% was adopted.

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