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No Section 263 revision for difference of opinion between AO & CIT

May 16, 2020 1425 Views 0 comment Print

Issues have been examined by the A.O and just because the opinion as arrived by the A.O is at a variation of the opinion of the learned Pr. CIT, would not grant the learned Pr. CIT the powers of revision u/s 263 of the Act.

Loss of stock due to fire- AO cannot disallow merely for Insurance

May 15, 2020 14256 Views 0 comment Print

Nikon Systems Pvt. Ltd Vs ACIT (ITAT Delhi) Admittedly, fire occurred during the year, the traded goods of the assessee are lost during the year due to fire. Such traded goods were the stock in trade of the assessee. Undoubtedly, the traded goods were insured with the insurance Co for any loss due to fire. […]

No deemed dividend when Amount advanced & received back on same date

May 14, 2020 576 Views 0 comment Print

When the company got back its funds on the same day, it cannot fall into the definition of the deemed dividend.

Interest paid on Loan cannot be set off against interest earned on Fixed Deposit

May 13, 2020 31452 Views 0 comment Print

Smt. Zeelia Zeena Mayzean Shenoy Vs ITO (ITAT Bangalore) The issue under consideration is whether or not income paid on interest against the fixed deposits can be said to have been incurred ‘wholly and exclusively’ for the purpose of earning interest income from fixed deposits? In the present case, the assessee made fixed deposit with […]

ITAT explains diversion of income by overriding title

May 13, 2020 9210 Views 1 comment Print

ACIT Vs Emaar MGF Construction Pvt. Ltd (ITAT Delhi) We find that the assessee is under the obligation to part away with the source of income to the holding company and it was not its volition alone, to give away the revenue that could have been otherwise accrued to them. An agreement entered into by […]

Prior period expenses of fixed assets allowable in the year of crystallisation

May 13, 2020 4821 Views 0 comment Print

The assessee has written off the assets which were not found/traceable and as the assets were scattered over different areas, the entire exercise of listing of such fixed assets got crystallized during the year and hence, the booking of the expenditure under head prior period expenses of fixed assets, merits to be allowed in the hands of the assessee.

Section 24(b) Interest deduction eligible on Property received as per family settlement deed

May 13, 2020 3444 Views 0 comment Print

Sanjeev Jain Vs DCIT (ITAT Dehradun) There is no dispute that there was a house property, which was noted by the borrowed capital of the family of the assessee. It is also not disputed that assessee was one of the applicant of the loan. Only dispute is with respect to the family settlement dated eighth day […]

Set off of unabsorbed depreciation allowed irrespective of continuity of business in next year

May 12, 2020 7638 Views 0 comment Print

The issue under consideration is whether set off of the ‘unabsorbed depreciation’ can be allowed irrespective of continuity of the business in next year?

Deduction u/s 80G cannot denied merely because such payment forms part of CSR

May 12, 2020 4797 Views 0 comment Print

The issue under consideration is that whether the expenditure incurred for CSR will also be qualified for deduction under section 80G?

No Section 147 Assessment in absence of reasons for escapement of income

May 12, 2020 1305 Views 0 comment Print

Existence of reasons for escapement of income are sine qua non to embark upon the assessment or reassessment u/s 147 of the Act. Change or no change of opinion, as argued by the ld. DR, are the factors to be considered after fulfilling the jurisdictional condition of there being an escapement of income, in the absence of which no assessment or reassessment can be made u/s 147.

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