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ITAT Kolkata

Set off of unabsorbed business losses against capital income on slump sale

October 31, 2018 2223 Views 0 comment Print

Gouranga Cement Pvt. Ltd. Vs DCIT (ITAT Kolkata) It is undisputed fact that the assessee has the earned the long term capital income by way of transfer of the business assets such as factory building, Plant & Machinery, electric installation under the head slum sale. Thus the nature of LTCG is in the nature of […]

S. 43B Overdue interest converted into loan allowable only on payment

October 29, 2018 5895 Views 0 comment Print

Explanation 3C to section 43B provides that interest payable can only be allowed to an assessee when the same is actually paid and any interest which has been converted into a loan shall not be deemed to have been actually paid.

S. 80IB Deduction cannot be denied for mere non-submission of Form 10CCB Audit Report with Return

October 29, 2018 8505 Views 0 comment Print

DCIT Vs M/s Reckitt Benckiser (India) Ltd. (ITAT Kolkata) We come to Revenue’s appeal. Its sole grievance reads that the CIT(A) has erred in law and as facts in allowing arrears Section 80IB and 80IC deduction claims totaling to Rs. 1,39,48,12,000/- thereby reversing Assessing Officer’s action not taking any cognizance thereof solely for the reason […]

Notional Income cannot be added for property lying vacant due to Act of Government

October 29, 2018 1353 Views 0 comment Print

Appellant was prevented by sufficient cause not to let out this property. Therefore, the Notional Income from the said property lying vacant due to Act of Government cannot be added back.

Information given by DIT (Inv) can only be a reason to suspect not reason to believe

October 29, 2018 7359 Views 0 comment Print

Vague information given by DIT (inv) there is no other material the AO collected after preliminary enquiry which could have enabled him at the time of recording reasons to come to a conscious independent conclusion that income of the assessee has escaped assessment.

Section 54 / 2(47): Unregistered agreement creates a right in favour of buyer

October 26, 2018 13494 Views 0 comment Print

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata) in the light of the definition of ‘transfer’ as defined u/s. 2(47) of the Act it is clear that when any right in respect of any capital assets is extinguished and that right is transferred to someone, it would amount to transfer of a capital asset. In the light […]

Commission to non-relatives can’t be Suspected for merely on surmises

October 24, 2018 1458 Views 0 comment Print

Rahul Kheria  Vs ITO (ITAT Kolkata) The commission claimed to have been paid to under section 133(6) to M/s Jessop and Co and we note that the said Jessop replied to the notice. The AO however doubted the reply by Jessop on the ground it was a reputed company so the logo in the letter-head […]

No disallowance u/s. 14A if Interest Income is more than Interest expense

October 23, 2018 4752 Views 0 comment Print

Where after setting off interest earned against the interest expenditure no further interest expense remains, then disallowance could not be made under section 14A.

Section 54: Date of unregistered agreement to sale can be taken as date of Transfer

October 23, 2018 10395 Views 0 comment Print

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata) In order to avail the benefit of sec. 54 of the Act, one must purchase a residential house/new asset within one year before or two years after the date on which transfer of the old residential house in respect of which the long term capital gain had arisen. In […]

Penalty U/s. 271B- Turnover means Actual TO not the TO declared in return

October 23, 2018 2442 Views 0 comment Print

Rajesh Agarwal Vs ITO (ITAT Kolkata) We have heard the arguments of both the sides and also perused the relevant material available on record. The first contention raised by the learned counsel for the assessee in support of the assessee’s case is that the gross receipts of his business as declared by the assessee in […]

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