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All ITAT

Mere Object clause in MOA not sufficient to claim rent as Business Income

November 30, 2018 5628 Views 0 comment Print

New Horizon Logiware (P) LTD Vs ITO (ITAT Delhi) AO has discussed the facts in detail and the relevant clauses of the lease deed and also mentioned that the said warehouse was already rented to present tenant (Tupperware) by earlier owner from whom assessee has purchased this building in this year. As per AO, the […]

Advance rent & security deposit cannot be treated as deemed dividend

November 30, 2018 10674 Views 0 comment Print

Shri Jinendra Kumar Jain Vs ACIT (ITAT Delhi) It is, therefore, clear from the evidence on record that assessee in fact, has let-out the joint property to the tenant company and has received advance as well as security deposit of the aforesaid amounts. The authorities below rejected the claim of assessee because the amount of […]

Loss due to reduction in Face Value of share capital is Capital Loss

November 29, 2018 9135 Views 0 comment Print

Section 2(47) is containing an inclusive definition and inter alia, it provides that relinquishment of an asset or extinguishment of any right there in amounts to a transfer of a capital asset.

Deduction U/s. 80P to cooperative society on Interest earned on FDs and saving bank deposit

November 28, 2018 11349 Views 0 comment Print

Jawala Cooperative Urban Thrift & Credit Society Ltd. Vs ACIT (ITAT Delhi) Funds kept in bank could be said to be ready for utilization by the assessee, cooperative society, in its business of providing credit facilities to its members, and therefore, the income from such monies, kept in bank, were attributable to the business of […]

Notice u/s 143(2) issued by AO before return filing has no meaning

November 28, 2018 2658 Views 0 comment Print

Shri Sudhir Menon Vs ACIT (ITAT Mumbai) The assessee filed return of income under section 148 of the Act vide letter dated 23.05.2013 stating that the original return of income can be treated as return filed in response to notice under section 148 of the Act. It means that the assessee has filed return of […]

ITAT order cannot be termed erroneous for negligence of Dept

November 28, 2018 654 Views 0 comment Print

ITO Vs M/s. Iraisaa Hotels Pvt. Ltd. (ITAT Mumbai) If we examine the facts of the present case it can be seen that in the previous year relevant to the assessment year under dispute, the assessee had received certain unsecured loan and share capital investment which were examined by the Assessing Officer during the assessment […]

Reassessment u/s 147 void in absence of fresh tangible material with AO

November 28, 2018 3771 Views 0 comment Print

ACIT Vs M/s Goldmohur Design and Apparel Park Ltd. (ITAT Mumbai) Under the new provisions of section 147, an assessment can be reopened if the Assessing Officer has ‘reason to believe’ that income chargeable to tax has escaped assessment; but if he wants to do so after a period of four years or merely on […]

Notice U/s. 148 valid despite no fresh material if Return was processed U/s. 143(1)

November 28, 2018 1635 Views 0 comment Print

Ajay Narayan Bhoir Vs ACIT (ITAT Mumbai) In case of return of income processed under section 143(1), the only condition to be satisfied for reopening is that taxable income has escaped assessment and the assessee’s plea that no fresh material was there before the AO warranting re-opening, was not relevant. FULL TEXT OF THE ITAT […]

No Penalty for withdrawal of higher depreciation claim during assessment

November 28, 2018 1416 Views 0 comment Print

Where assessee had claimed depreciation on building at revalued figures and later on withdrawn the excess depreciation during the course of assessment proceedings to buy peace, the imposition of penalty under section 271(1)(c) was invalid because mere making of wrong claim would not automatically lead to an inference of furnishing inaccurate particulars or concealment of income.

If Authorised representative is empowered by assessee to appear before authorities,every concession was binding on assessee

November 28, 2018 1848 Views 0 comment Print

Once assessee empowers his Authorised represntative to appear before authorities, all of authorised representatives concessions were binding on assessee and there was no need to ignore any concession made by Authorised representative and personally call upon assessee to make concession in every case.

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