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Section 54F deduction fully allowable despite property purchase in joint names

January 4, 2019 15567 Views 0 comment Print

Assessee was entitled to the benefit of deduction u/s.54F to the whole extent of investment in purchase of new asset, even though property had been purchased in the joint names of assessee, his wife and son.

Interest will accrue on specified date if any agreement specify such date

January 4, 2019 2571 Views 0 comment Print

Credit Suisse Finance (India) P. Ltd. Appeal: When An Instrument Or An Agreement Stipulates That Interest Shall Be Payable At A Specified Date, Interest Does Not Accrue To Holder Thereof On Any Date Prior Thereto

Third part statement cannot be relied if No Opportunity for Cross-Examination was given

January 3, 2019 2883 Views 0 comment Print

Rajat Exports Import (India) Pvt. Ltd. Vs ITO (ITAT Delhi) The AO noted in the assessment order that the DIT (Inv.) in the course of investigation in the case of Shri Mukesh Gupta, Shri Rajan Jassal and Shri Surinder Pal Singh recorded their statements. The assessee was supplied with the seized material at the fag […]

Gain on sale of Shares held for more than 12 months as investment is LTCG

January 3, 2019 2208 Views 0 comment Print

ACIT Vs M/s. Wig Investment (ITAT Delhi) AO has treated not only the gain on mutual funds as business income but also gain on profit and sale of shares as also as business income. Now in view of the CBDT Circular dated 29.9.2016, if shares are held for more than 12 months which have been […]

Penalty U/s. 271(1)(c) cannot be levied for mere Wrong claim of deduction

January 3, 2019 5652 Views 0 comment Print

Merely disallowance of any claim which is legally not allowable, no penalty under section 271(1)(c) can be levied when there was no concealment of any material facts or furnishing of inaccurate particulars of income.

Expense without supporting document / evidence is not allowable

January 3, 2019 5997 Views 1 comment Print

Schwing Stetter (India) Private Limited case: Where except for the debit entries, assessee did not produce any evidence to show that the expenditure was incurred wholly and exclusively for the purpose of business expenditure, held as unallowable for deduction while computing total income

Reimbursement of loss to Subsidiary Companies in the course of business is allowable

January 3, 2019 3276 Views 0 comment Print

Mafatlal Industries Limited Vs ITO (ITAT Mumbai) Loss on Account of Compensation on Enforcement of Security Paid to Subsidiary Companies is allowable as same was in the course of business The assessee has claimed loss incurred by two subsidiary companies M/s Mishapar Investment Ltd & Vibhadeep Investment & Trading Ltd on the ground that the […]

LTCG on sale of shares cannot be treated bogus merely on investigation report

January 2, 2019 2856 Views 0 comment Print

When AO has not brought any material on record to show that the assessee has paid over and above the purchase consideration as claimed and evident from the bank account then, in the absence of any evidence it cannot be held that the assessee has introduced his own unaccounted money by way of bogus long term capital gain.

Company Eligible for deduction of expense on Vehicle Registered in the name of Director

January 1, 2019 14130 Views 0 comment Print

DCIT Vs M/s. Deversons Industries Pvt.Ltd. (ITAT Ahmedabad) The Assessing Officer during the assessment proceedings found that the vehicles were registered in the individual name of the Directors. But the assessee claimed the depreciation and the vehicle expenses in its income-tax return. However, the Assessing Officer was of the view that the assessee cannot claim […]

Penalty justified for Deliberate non-disclosure of income

January 1, 2019 3090 Views 0 comment Print

Smt Joyti Sunil Maniyar Vs ITO (ITAT Ahmedabad) In the notice issued u/s 142(1) dated 11.10.2011 a specific query was raised by the AO about the capital gain income. After that, the assessee vide reply dated 22.11.2011 conceded the fact of non-disclosing the capital gain income. From the above, it is transpired that the assessee […]

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