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Liability payable as a consequence of trading transaction cannot be added U/s. 68

May 10, 2019 2679 Views 0 comment Print

Since transaction between assessee and truck owners was a liability which assessee had to pay arising from trade transaction and same could not be added under section 68.

No Netting of profit/loss of eligible units to calculate section 80-IC deduction

May 10, 2019 1869 Views 0 comment Print

No netting of profits and losses of the eligible units was to be done for the purpose of calculating the deduction under section 80-IC and each unit for the said purpose had to be treated separately.

AO must establish existence of international transaction before undertaking benchmarking of AMP expenses

May 10, 2019 1395 Views 1 comment Print

In the instant case, we notice that the TPO has entertained the belief on the basis of presumptions that the assessee’s AMP expenses have promoted the brand value of its AE, i.e., no material has been brought on record to show the existence of International transaction. Before us, the Ld A.R placed his reliance on various case laws.

Exemption u/s 10(23)(iiiad) cannot be denied for mere surplus 

May 8, 2019 2508 Views 0 comment Print

New Amazing Shiksha Society Vs. ITO (Exemption (Ward) (ITAT Delhi) Exemption u/s 10(23)(iiiad) of the Income Tax Act, 1961 should not be denied to the assessee as selling of books and uniform to the students of assessee is part of educational activity only. Moreover, the impugned addition was made merely on the basis that surplus […]

Section 68 not applicable to Share Purchase against Issuance of Share

May 8, 2019 1722 Views 0 comment Print

This is a simple case of acquiring shares of certain companies from certain shareholders without paying any cash consideration and instead the consideration was settled through issuance of shares to the respective parties. Hence, we hold that provision of section 68 of the Act are not applicable in the instant case and accordingly the entire addition deserves to be deleted,

Loss on revaluation of foreign exchange cannot be denied for mere failure to debit liabilities in books

May 8, 2019 783 Views 0 comment Print

Assessee could not be debarred from claiming a foreign exchange loss as per Accounting Standard-11 as deduction only for the reason that it had failed to debit liabilities in its books of account.

Section 153A: Completed assessment cannot be interfered in absence of discovery of incriminating material during search

May 8, 2019 1479 Views 0 comment Print

Section 153A: Completed assessment cannot interfered absence discovery incriminating material during search

Transfer cannot be considered merely on the basis of registered agreement

May 7, 2019 7335 Views 0 comment Print

Appasaheb Lonkar case: Dispute arises over transfer of property, ITAT Pune rules no capital gains due to incomplete sale transaction.

Denial of exemption U/s. 11 to registered Trust for mere non- producing evidence of registration U/s. 12A/12AA is invalid

May 7, 2019 2151 Views 0 comment Print

In the present case, the assessee trust has made ample efforts for procuring information from the Department regarding duplicate copy of registration certificate. The Department was not able to provide any copy of the registration certificate.

Section 11 exemption cannot be denied for non-filing of audit report with return

May 6, 2019 4686 Views 0 comment Print

The claim of exemption under section 11 could not be denied to assessee society on the ground that the audit report was not filed online along with the return as the requirement of law that the assessee shall have its account audited, had been complied with within the time prescribed by the statute.

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