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Bombay High Court

If Share premium defies commercial prudence, it cannot be assessed as unexplained credit

February 8, 2017 1209 Views 0 comment Print

Revenue states that the impugned order itself holds that share premium of Rs.490/­ per share defies all commercial prudence. Therefore it has to be considered to be cash credit.

Bogus purchases: A Statement cannot be relied without opportunity to cross-examine

February 8, 2017 2016 Views 0 comment Print

The question raised in this appeal is, whether the Tribunal was justified in deleting the addition on account of bogus purchases allegedly made by the assessee from M/s. Thakkar Agro Industrial Chem Supplies P. Ltd. According to the revenue, the Director of M/s. Thakkar Agro Industrial Chem Supplies P. Ltd.

Expenses after business setup allowable even if business not commenced

February 6, 2017 6405 Views 0 comment Print

Business is said to have been set up when it is established and ready to be commence. However, there may be an interval between a business which is set up and a business which is commenced. However, all expenses incurred during the interregnum between setting up of business and commencement of business would be permissible deductions.

Penalty notice without specifying that it is for ‘furnishing of inaccurate particulars of income’ or for ‘concealment of income’ is fatal

February 5, 2017 3147 Views 0 comment Print

These Appeals under Section 260­A of the Income Tax Act, 1961 (the Act), challenge a common order dated 11th October, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The common impugned order deleted the penalty imposed upon the Respondent­ Assessee for the Assessment Years 2003­04, 2004­05, 2005­06 and 2006­-07.

Sec 54EC exemption on advance invested before Final Sale?

January 31, 2017 3753 Views 0 comment Print

Where An Assessee Makes Investment In The Specified Bonds On Receipt Of Advance As Per An Agreement To Sale, Whether He Is Entitled To Claim The Benefit Under Section 54EC Of The Income Tax Act, 1961? Yes

Mark to Market Losses cannot be disallowed unless incurred in respect of speculative contracts

January 28, 2017 2538 Views 0 comment Print

HC held that mark to market loss in respect of forward contracts claimed as loss from business income cannot be disallowed as the forward contracts were secured for to cover variation in foreign exchange rate which would impact its business of import and export of diamonds.

Facts recorded by ITAT cannot be contradicted by affidavit or otherwise

January 25, 2017 826 Views 1 comment Print

It is settled position in law that statement of fact recorded in the order of the Court/Tribunal has to be accepted as correct and conclusive. It cannot be contradicted by affidavit or otherwise

Non-supply of reasons to reopen assessment makes such notice bad in law

January 23, 2017 3907 Views 1 comment Print

Bombay HC held that supplying of reasons for reopening assessment is a jurisdictional requirement and non-supplying of same when assessee specifically asked for same would made reassessment notice bad in law.

Section 54EC eligible on Investment in specified bonds out of advance payment

January 12, 2017 2842 Views 0 comment Print

This Appeal under Section 260­A of the Income Tax Act, 1961 (the Act)challenges the order dated 28th June, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2008­-09.

Reduced Recovery of Loan Advanced, Allowable as Deduction as Business Loss

December 30, 2016 3598 Views 0 comment Print

Whether Tribunal was correct in holding that loss on sale of actionable claim by assessee was a business loss allowable as a deduction?

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