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No Addition U/s. 68 if Assessee able to Prove identity of creditor, its creditworthiness & genuineness of transaction

May 31, 2018 5169 Views 0 comment Print

ITO Vs M/s. Necleus Steel Private Limited (ITAT Delhi) In this case, assessee received an amount of Rs.67.50 crores from M/s. Unitech Ltd., as advance against the sale of the property. The assessee filed confirmation from M/s. Unitech Ltd., along with its bank statement and acknowledgment of filing of the ITR with balance sheet. The […]

Transactions, cannot be doubted merely because companies have meager income or for mere non-production of director

May 31, 2018 984 Views 0 comment Print

Zion Promoters & Developers (P) Ltd. Vs Addl. CIT (ITAT Delhi) The investment in the share of the assessee company by the above five companies whose directors appeared before the Assessing Officer and whose statements were recorded and full details were filed substantiating the identity and creditworthiness of the investor companies and the genuineness of […]

Addition based on mere Statements during Survey without any Tangible Materials is invalid

May 31, 2018 3294 Views 0 comment Print

DCIT Vs M/s. Real Strips Ltd. (ITAT Ahmedabad) The addition was solely made on the basis of the statement furnished by the production manager of the assessee at the time of survey. The lower authorities have not brought any iota of evidence suggesting that the assessee has suppressed the production leading to suppressed sale out […]

For Similar Transactions with Related and Unrelated Parties if Price is Comparable, It is taken to be at ALP

May 31, 2018 933 Views 0 comment Print

Axis Risk Consulting Services Private Limited. Vs DCIT (ITAT Delhi) the only dispute before us is with regard to the adjustment by way of imputing interest @ 17.22% by the TPO on account of receivables from the AE. Here in this case, it is an undisputed fact that the assessee has also rendered similar services […]

Income Transferred from Capital Fund A/c to Income is eligible for deduction U/s. 11

May 31, 2018 1962 Views 0 comment Print

Income Transferred from Capital Fund A/c to Income is eligible for deduction U/s. 11of Income Tax Act, 1961 and provisions of Section 11(3)(c) of the Act clearly permits to utilize the funds either within the specified period or in the next year immediately following the expiry of the period

Addition U/s. 69A can only be made when assessee found to be in possession of money bullion jewellery, etc., not recorded in his books of account

May 31, 2018 23943 Views 0 comment Print

DCIT Vs M/s. Karthik Construction Co. (ITAT Mumbai) As could be seen, the Assessing Officer raised suspicion on the loan repayment by doubting the genuineness of the unsecured loan availed by the assessee against which such loan repayment was made. However, as per the facts on record, unsecured loans which were repaid by the assessee […]

Exemption cannot be denied merely because Assessee has not claimed the same

May 30, 2018 7818 Views 0 comment Print

Manohar Reddy Basani Vs ITO (ITAT Hyderabad) Assessing Officer having concluded that the assessee having neither disclosed the capital gains in the return of income nor claimed any deduction u/s 54F of the Act, the assessee is not entitled to get any deduction u/s 54F, in the same way he should not have added the […]

Notional interest on advances cannot be charged on accrual basis

May 30, 2018 6669 Views 1 comment Print

Briefly stated relevant facts of the case are that the assessee-company is engaged in the business of investment in capital markets. Assessee filed the return of income for the A.Y. 2013-14 on 27.09.2013 declaring a loss of Rs. 5,35,493/-. During the assessment proceedings, Assessing Officer observed that there were unsecured loans to the extent of Rs. 19.25 Crs under ‘advances recoverable in cash or kind.

No TDS default if recipient paid tax on income

May 30, 2018 9408 Views 0 comment Print

ACIT Vs Chaitanya Educational Trust (ITAT Hyderabad) Since the assessee has filed the certificates of the recipients with proof that the recipients have offered the income to tax in their hands, the assessee shall not be treated as an assessee in default u/s 201(1) of the Act. FULL TEXT OF THE ITAT JUDGMENT All are […]

Deemed dividend U/s. 2(22)(e): Advance in normal course of business

May 30, 2018 2697 Views 0 comment Print

 Since trade advances obtained by assessee from its sister concern were in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in section 2(22)(e).

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