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All ITAT

Addition of premium amount cannot be made solely on the basis of valuation of loss-making company

May 17, 2019 3093 Views 0 comment Print

India Today Online Pvt. Ltd. Vs ITO (ITAT Delhi) Conclusion: Addition of difference premium amount of Rs. 20/- per share in assessee-company on the ground that M company was a loss-making company was not justified as assessee had substantiated the shares issued at Rs. 30 per share was less than the FMV  and the underlying […]

CA Busy with ICAI Election | ITAT condones Delay

May 16, 2019 1056 Views 0 comment Print

Shri Manoj Dewan Vs ACIT (ITAT Jaipur) We note that though sufficient opportunities were granted by the ld. CIT (A) to the assessees for presenting their cases, however, when the assessee has explained a reasonable cause for not appearing on 20.11.2018 and also filed an application in advance wherein it was stated that the ld. […]

Tax cannot be levied on Loan Waived under one time settlement

May 16, 2019 20247 Views 0 comment Print

Sh. Jai Pal Gaba Vs ITO (ITAT Chandigarh) The very language of the section 28(iv) speaks about the value of any benefit or perquisite arising from business or exercise of a profession. Now considering the facts and circumstances of the case, though, the loan was taken for the purpose of business but the same was […]

Exemption u/s 54F allowable despite start of construction of new house before sale date of original asset

May 16, 2019 4056 Views 0 comment Print

Exemption u/s 54F allowable despite start construction new house before sale date original asset

Section 263 gets triggered only when order is erroneous & also prejudicial to interest of Revenue

May 16, 2019 3585 Views 0 comment Print

Held, That The Assessing Officer had conducted enquiry and after various rounds of hearing and deliberation with the assessee and scrutinizing the documents filed before him as well as submissions of the assessee, the Assessing Officer had passed an order. 

Depreciation on Wheel loaders & Graders as Motor Vehicles

May 15, 2019 12981 Views 1 comment Print

The issue under consideration is whether the CIT(A) is correct in charging depreciation at the rate of 30% on wheel loaders and graders?

TDS on payments to university employees of gratuity, pension or leave salary

May 14, 2019 8937 Views 0 comment Print

Payments made by assessee-university to its employees towards death cum retirement gratuity, commutation of pension or leave salary should not be liable for TDS to the extent permitted under the provisions of section 10(10)(i), 10(10A) and 10(10AA) as the employees of assessee were found to be holding civil posts under the State Government, therefore, the provisions of section 10(10)(i), 10(10A) and 10(10AA) were fully attracted.

Assessee can decide Self occupied & Deemed let out property for Taxation

May 14, 2019 2814 Views 0 comment Print

The issue under consideration is whether the assessee having two properties has right to choose Self occupied and deemed let out property for the purpose of taxation?

TDS U/s. 194IA when Consideration to each transferor not exceeds Rs. 50 lakhs

May 13, 2019 5259 Views 0 comment Print

Where individual share of consideration paid towards immovable property purchase by four persons including the assessee amounted to less than Rs. 50 lakhs, the assessee was not liable to deduct tax under section 194IA of Income Tax Act, 1961 even if value of the property purchased under single sale deed was exceeding Rs. 50 lakhs.

Section 54EC Count Six month from additional stamp duty payment date: ITAT

May 13, 2019 2484 Views 0 comment Print

Date of transfer of property to compute the six-months period for the purpose of claiming deduction under section 54EC could not be taken from the date when the purchase agreement was registered because the transfer would complete after additional stamp duty to complete the process of registration was paid by assessee.

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