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Interest on funds which are to be deployed for construction of plant in future cannot be treated as Income

May 23, 2018 4371 Views 0 comment Print

Ms. Bank Note paper Mill India Pvt. Ltd Vs ITO (ITAT Bangalore)  ITAT held that where the interest receipt is directly connected or incidental to working of construction of assessee plant, it should be reduced from the capital cost of project and not be treated as income. Statement provided by assesse in form of Annexure […]

Losses cannot be treated as Bogus merely for client code modifications

May 23, 2018 2028 Views 0 comment Print

When purchase and sale of shares were supported by proper Contract Notes, shares were purchased and sold through recognised broker and sale considerations were received by Account Payee Cheques, the transactions could not be treated as bogus and loss on account of client code modifications should be allowed.

No addition for Gift from daughter if Assessee proves identity, genuineness & creditworthiness

May 23, 2018 1512 Views 0 comment Print

Briefly the facts of the case are, assessee who derives income from house property and income from other sources, filed her return of income for the AY 2010-11 on 27/07/2010 declaring an income of Rs. 17,75,810/-. Subsequently, the case was selected for scrutiny under CASS and accordingly notice u/s 143(2) dated 25/08/2011 was issued and served on the assessee on 06/09/2011. In response to the said notice, the assessee furnished the information called for.

Addition for deemed dividend in Section 153A assessment not sustainable in absence of any incriminating material

May 22, 2018 1083 Views 0 comment Print

hese are the three appeals filed by the revenue for Assessment Year 2007-08 to 2009-10. The assessee has filed cross objections in all these appeals making it a bunch of six appeals. All these six appeals involved common grounds pertaining to the respondent and therefore, they are disposed of by this common order.

ITAT explains how accommodation entries are routed through shell companies as share capital to evade taxes

May 22, 2018 15096 Views 0 comment Print

Shaan Construction P Ltd Vs ITO (ITAT Delhi) ITAT noted that whole exercise carried out by the assessee is simply a devise to introduce unaccounted money through various shell companies in the form of share capital at a premium. The manner of issue of the shares through these companies, the manner of providing confirmation on […]

Loss from sale of unlisted shares to relative and set off of same against capital gains from sale of Property

May 22, 2018 6066 Views 0 comment Print

This appeal by assessee under section 253 of Income-tax Act is directed against the order of Commissioner (Appeals)-35 Mumbai dated 4th September 2012, which in turn arises from assessment order passed under section 143(3) on 26 December 2008 for assessment year 2006-07. The assessee has raised following grounds of appeal

In absence of incriminating material Assessment U/s. 153A is without jurisdiction and additions are not sustainable

May 22, 2018 1374 Views 0 comment Print

We find that the additions made by the assessing officer are beyond the scope of section 153A of the Income Tax Act, 1961, because no incriminating material or evidence had been found during the course of search so as to doubt the transactions.

Existence of legal claims & disputes not necessary for validity of a family arrangement

May 22, 2018 10806 Views 0 comment Print

It is settled law that when parties entered into family arrangement, validity of the family arrangement is not to be judged with reference to whether the parties should raised dispute or rights or claimed rights or a certain properties had in law any such right or not.

No penalty if penalty notice didn’t specify concealment or furnishing of inaccurate particulars

May 22, 2018 4035 Views 0 comment Print

Show cause notice issued in the present case u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income. The show cause notice u/s 274 of the Act does not strike out the inappropriate words. In these circumstances, we are of the view that imposition of penalty cannot be sustained.

Unabsorbed depreciation not to be adjusted first in computation of deduction U/s. 10A

May 22, 2018 3045 Views 0 comment Print

Deduction u/s 10A is to be allowed from total income as computed under chapter IV of the Income Tax Act, 1961 and not at the stage of computation of total income under chapter VI of the Income Tax Act, 1961. Therefore from this it is clear that while claiming deduction u/s 10A unabsorbed depreciation is not to be adjusted.

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