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Reason for reassessment without application of mind if it not specifies that accommodation entries were taken or provided

May 26, 2018 1659 Views 0 comment Print

Challenging the order of the learned Commissioner of Income-tax (Appeals)-IX, New Delhi (for short hereinafter called as “the learned CIT (A)’) in Appeal No.119 of 2011-12 dated 13.08.2014, assessee preferred this appeal.

Purchases cannot be treated as bogus if supplier admits genuineness of transaction

May 26, 2018 4911 Views 0 comment Print

We find that DJ had admitted of issuing bogus bills.But, nowhere he had admitted that he had issued accommodation bills to the assessee. In our opinion, there is subtle but very important difference in issuing bogus bills and issuing accommodation bills to a particular party

While granting Approval for scrutiny assessment U/s. 143(3) CIT need not record separate reasons

May 26, 2018 3687 Views 0 comment Print

When the CIT is satisfied with the reasons given by the Assessing Officer, he in not once again give separate reasons or repeat the reasons recorded by the Assessing Officer and then give his approval for the same.

TDS not deductible on Sim Card & recharge coupon discount

May 26, 2018 1731 Views 0 comment Print

ITO Vs Tarun Sales (ITAT Delhi) ITAT held that Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the BSNL, the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers. The entire sales […]

Interest free loan received prior to construction of Property cannot be added to annual value

May 26, 2018 1320 Views 0 comment Print

That on the facts and circumstances of the case and in law the Ld. CIT(A) erred in deleting the addition made by the Aa in treating the income of Rs. 12,00,000/- received towards service charges under the head ‘income from house property

Even part performance of contract in case of JDA attracts capital gain tax

May 26, 2018 1965 Views 0 comment Print

These are two appeals by two assessees against the orders of the Commissioner of Income Tax (Appeals)-5, Hyderabad, for the AY. 2009-10. Since common issues are involved in both of these appeals, these are heard together and decided by this common order

Search & Seizure: No Incriminating Evidence Found, No Addition Can Be Made

May 26, 2018 1623 Views 0 comment Print

Main arguments of the assessee that the addition and adjustment made to the total income are to be based only on incriminating material found during the course of search fails, then only the other issues in the appeal of the revenue as well as of the assessee will survive.

Interest on housing loan used for advancing loans can be claimed against Interest Income

May 25, 2018 1626 Views 0 comment Print

These are the appeals filed by the different assessees against the separate orders of the ld. CIT(A) Ajmer dated 05/10/2017 for the A.Y. 2013-14 in the matter of order u/s 143(3) of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’, for short

45% profit from educational activities establishes profit motive of trust and exemption U/s. 11 cannot be allowed

May 25, 2018 4170 Views 0 comment Print

Where assessee- trust was earning profit up to 45% from its educational activities, it was clearly proved that it was existed for profit because profit up to 15% could be said reasonable and legitimate, hence, addition was rightly made.

TDS U/s. 195 not deductible if Commission Income of Foreign Agent not Taxable in India

May 25, 2018 27327 Views 0 comment Print

DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad) ITAT held that the Commission income in the hands of foreign agent is not chargeable to tax in India in the given facts & circumstances and Once an income is not chargeable to tax in India then the question of deducting TDS under the provision of […]

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