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AO cannot pass assessment order U/s. 143(3) against dissolved Company

May 25, 2018 10137 Views 0 comment Print

This appeal by assessee has been directed against the order of the Ld. CIT(A)-22, New Delhi, dated 17th April, 2017, for the A.Y. 2009-2010.

Provision of Section 2(22)(e) cannot be attracted to current account transactions

May 25, 2018 2934 Views 0 comment Print

M/s Mirik Commercial Pvt. Ltd. Vs Pr. CIT (ITAT Kolkata) The purpose of Section 2(22)(e) of the Act is to tax the benefit extended by private limited company to its shareholders holding shares not less than 10% as beneficial owner of shares (not being shares entitled to a fixed rate of dividend income). There is […]

No exemption for one SOP U/s. 23(2)(a) if property was not occupied by the owner

May 25, 2018 11148 Views 0 comment Print

This appeal by the assessee is directed against order dated 15/06/2012 of learned Commissioner of Income-tax (Appeals)-XXXI, New Delhi [in short ‘the CIT-(A)’] for assessment year 2007-08 raising following grounds

CIT(A) has no power to travel beyond subject-matter of assessment

May 25, 2018 4797 Views 0 comment Print

Jagdish Narayan Sharma Vs. ITO (ITAT Jaipur) A perusal of sections 246 to 251 of the Act makes it clear that any questions arising out of the assessment orders in an appeal by the assessee can be possible and wide powers are given to the appellate authority, but these powers are circumscribed by the assessment […]

Addition deleted as money deposited in the bank account was received from son

May 25, 2018 2082 Views 0 comment Print

It was explained by the appellant that the money deposited in the bank account represented cash received from elder son, who was tax payer and the withdrawals in the bank account had a a chronologically progressive linkage of events.

No wealth tax on land used for business purpose by construction / set up of office and service centre

May 25, 2018 2460 Views 0 comment Print

Dongfang Electric (India) P Ltd Vs DCWT (ITAT Kolkata) Assets deployed for service activities are treated as productive assets and accordingly the construction / set up of office and service centre by the assessee and used as such for its business purposes would be outside the ambit of wealth tax in the same manner in […]

Mere allegation by investigation dept not sufficient to prove Bogus Capital gains from penny stocks

May 25, 2018 12714 Views 0 comment Print

Meenu Goel Vs ITO (ITAT Delhi) The assessee has submitted various documentary evidences to prove the genuineness of the transaction of sale and purchase of shares which includes a copy of purchase bill dated 22.02.2010; a copy of share transfer form in the favour of the assessee; Copy of bank statement highlighting the payment made […]

AO cannot reopen the case without bringing something new on record

May 25, 2018 6942 Views 0 comment Print

Challenging the order dated 28/01/2016 of CIT(A)-8,Mumbai,the Assessing Officer (AO) has filed the present appeal. The assessee has raised a Cross Objection for the same.Assessee – company engaged in providing cellular mobile services and trades in accessories filed its return of income at Rs.Nil after set off of brought forward business loss.

Excess Stock & Cash related to business taxable as business income

May 25, 2018 10674 Views 0 comment Print

Excess stock found during the course of survey and surrender made thereof was found to be taxable under the head |Income from business or profession|. Similarly, in respect of excess cash found out of sale of goods in which assessee was dealing was also found to be taxable as business income thus, there was no justification for taxing such income under section 115BBE.

Addition to income on account of reversal of provision for royalty deleted in Skoda Auto case

May 25, 2018 1560 Views 0 comment Print

Advocate Akhilesh Kumar Sah DCIT Vs. M/s. Skoda Auto A.S. (ITAT Pune) In this case, one of the ground raised by Revenue was whether in the facts and circumstances of the case, the Dispute Resolution Panel was right in directing AO to delete proposed addition on account of reversal of provision for Royalty of Rs.1,39,18,474/-, […]

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