Sponsored
    Follow Us:

ITAT Ahmedabad

Assessee cannot legally collect TCS from buyers who furnishes section 206C(1A) declaration

August 14, 2014 2580 Views 0 comment Print

Assessee cannot be treated as assessee in default for not collecting TCS from such buyers from whom the assessee received declaration as per provisions of section 206C(1A) of the Act.

Family arrangement cannot be regarded as being without consideration

June 15, 2014 1787 Views 0 comment Print

The issue before us is whether the transfer of the shares of Nestle India Ltd and Hindustan Lever Ltd held by the members of Bilakhia family as investment by them to the assessee-company as per family arrangement dated 16-02-2001 claimed to have been transferred without

Sec. 54EC- Six months means six calendar months and not 180 days

March 28, 2014 14500 Views 2 comments Print

Whether for the purpose of Section 54EC of IT Act, 1961, the period of investment of six months should be reckoned after the date of transfer or from the end of the month in which transfer of capital asset took place?

Section 54F not available if construction of house takes place prior to transfer

March 16, 2014 4763 Views 0 comment Print

For grant of deduction u/s 54F in case of construction of a residential house, the condition is that the assessee has within a period of three years after the date of transfer of long term asset, constructed a residential house.

S. 54F Investment can be made from amount other than the sale consideration

February 24, 2014 3629 Views 0 comment Print

ITAT Ahemdabad has held in the case DCIT Vs. Shri Radhakant M. Tripathy that The very fact that the legislature has allowed investment in new property one year prior to the date of transfer establishes in no uncertain terms that it need not be the sale

Penalty u/s 271D cannot be levied for cash deposited in bank by company director for making urgent payments to suppliers

February 16, 2014 3746 Views 0 comment Print

Assessee is a private limited company engaged in the business of manufacturing of Casting. During the course of assessment proceedings AO noticed that Assessee has received cash loans on various days aggregating to Rs 8,89,000/- from Shri Ramusingh Badoria, the Director, of the Assessee.

S. 41(1) Merely because liabilities were outstanding for last many years, it cannot be said that said liabilities ceased to exist

February 16, 2014 1803 Views 0 comment Print

The Tribunal was justified in taking the view that the assessee had continued to show the admitted liabilities in its balance sheet, the same could not be treated as cessation of liabilities. Merely because the liabilities were outstanding for last many years, it could not be inferred that the said liabilities has ceased to exist.

Interest cannot be disallowed if huge interest free funds were available without any interest

February 16, 2014 1986 Views 0 comment Print

Where huge funds were available without any interest liability with assessee and there was no evidence to hold that borrowed money was utilized for purpose of advance to sister concerns, no disallowance of interest was warranted.

No Proportionate disallowance of Interest u/s 14A if investments in shares been made from interest free funds

February 16, 2014 1646 Views 0 comment Print

We find that CIT(A) while deleting the addition has noted that the Assessee was having sufficient interest free funds and therefore there was no justification for presuming that any part of interest bearing loan has been utilized for the purpose of making investments.

No disallowance u/s 14A r.w. Rule 8D if interest income exceeds interest expenditure

February 16, 2014 3115 Views 0 comment Print

The assessee company is a builder and developer of residential and commercial projects. It was noted by the AO that the assessee company is a partner in several “partnership firms”. The AO had made a list of all those firms along with profit sharing ratio of the assessee in those firms.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031