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CA Geeti Grover

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TP: Temporary price differentials occurring due to fluctuation in treatment charges should be ignored

Income Tax : In the case of Hindalco Industries Ltd. -Vs- The Addl. Commissioner of Income tax, there were several grounds on which the appeal ...

January 29, 2016 674 Views 0 comment Print

Voluntary contributions towards corpus cannot be taxed, even if Trust is not registered u/s 12AA

Income Tax : ITO Vs. M/s. Vokkaligara Sangha (ITAT Bangalore) It was held by ITAT that voluntary contributions received for a specific purpose ...

January 28, 2016 7801 Views 1 comment Print

Section 68 cannot be applied where Assessee discharges onus to prove receipt of share capital along with premium

Income Tax : DCIT Vs M/s Ansh Intermediate Services Pvt. Ltd. (ITAT Lucknow) The addition cannot be sustained only for the simple reason that t...

January 21, 2016 1741 Views 0 comment Print

Flats to be constructed by vendee on behalf of co–owners does not constitute non–monetary consideration

Income Tax : CIT Vs Late Gopal V. Gorwani (ITAT Mumbai) The Assessing Officer, on perusing the aforesaid terms of the agreement was of the view...

January 19, 2016 730 Views 0 comment Print

Reasons to reopen assessment must be tangible & should not merely be based on Investigation wing’s report

Income Tax : Raj Hans Towers Pvt. Ltd. -Vs- ITO (ITAT Delhi) There is no tangible material, which come to the possession of the AO to lead to t...

January 6, 2016 1123 Views 0 comment Print


Latest Posts in CA Geeti Grover

TP: Temporary price differentials occurring due to fluctuation in treatment charges should be ignored

January 29, 2016 674 Views 0 comment Print

In the case of Hindalco Industries Ltd. -Vs- The Addl. Commissioner of Income tax, there were several grounds on which the appeal was made, both by the revenue as well as the assessee. The major ground being of transfer pricing has been discussed hereunder.

Voluntary contributions towards corpus cannot be taxed, even if Trust is not registered u/s 12AA

January 28, 2016 7801 Views 1 comment Print

ITO Vs. M/s. Vokkaligara Sangha (ITAT Bangalore) It was held by ITAT that voluntary contributions received for a specific purpose cannot be regarded as income under Section 2(24)(iia) of the Act since they are capital receipts and tied up grants for specific purpose.

Section 68 cannot be applied where Assessee discharges onus to prove receipt of share capital along with premium

January 21, 2016 1741 Views 0 comment Print

DCIT Vs M/s Ansh Intermediate Services Pvt. Ltd. (ITAT Lucknow) The addition cannot be sustained only for the simple reason that these shareholder companies have not responded in first round of commission.

Flats to be constructed by vendee on behalf of co–owners does not constitute non–monetary consideration

January 19, 2016 730 Views 0 comment Print

CIT Vs Late Gopal V. Gorwani (ITAT Mumbai) The Assessing Officer, on perusing the aforesaid terms of the agreement was of the view that flats to be constructed by the vendee on behalf of the co–owners is the non–monetary consideration received by them on account of sale of the property.

Reasons to reopen assessment must be tangible & should not merely be based on Investigation wing’s report

January 6, 2016 1123 Views 0 comment Print

Raj Hans Towers Pvt. Ltd. -Vs- ITO (ITAT Delhi) There is no tangible material, which come to the possession of the AO to lead to the conclusion that there was an escapement of income from assessment.

Exemption u/s 10A available on undisclosed income surrendered during survey proceeding u/s 133A

December 30, 2015 1161 Views 0 comment Print

M/s Bridal Jewellery Mfg. Co.Vs. ITO (ITAT Delhi) In the present case, it is an admitted fact that the assessee was engaged in the manufacturing of jewellery, during the process of manufacturing on behalf of the customers

Section 14A disallowance only for Expenses not directly relatable to exempt or taxable Income

December 29, 2015 2485 Views 0 comment Print

. CIT Vs. Bharti Overseas Pvt. Ltd. (Delhi High Court) As far as Rule 8D (2) (i) is concerned, the AO has necessarily to record that he is not satisfied with the correctness of the claim of the expenditure made by the Assessee in relation to the income which does not form part of the total income.

Tangible material required to reopen assessment u/s 148 of Income Tax Act,1961

December 18, 2015 2288 Views 0 comment Print

M/s.Peacock Apparels (P) Ltd vs. ITO (Madras High Court), Except to state that the EOU has not been approved by the Specific Authority, the first respondent has not assigned any other reason to reopen the assessment order.

In Reopening AO cannot pass Composite Order for Assessment and for rejection of objection

December 18, 2015 1507 Views 0 comment Print

JVS Export vs. DCIT (Madras High Court) As per dictum laid by Hon’ble Supreme Court in GKN Driveshafts (India) Ltd. Vs. Income Tax Officer and Others, (2003) 259 ITR 19 that pursuant to the notice issued by the assessing officer, he is bound to consider the objections of the parties

AO must give reason for rejecting books & estimating income by applying higher GP Ratio

November 26, 2015 3642 Views 0 comment Print

Shri Hem Raj, Vs. The A.C.I.T (ITAT Chandigarh) The appellant was running liquor, wine and beer shop and was authorized to operate the liquor shop for the period of one year from April, 2007 to March 2008.

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