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CA Geeti Grover

Latest Judiciary


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 686 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 7831 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 1753 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 742 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 1129 Views 0 comment Print


Mere Lien over payment due to pending dispute does not result in cessation of trading liability u/s 41(1)

November 20, 2015 799 Views 0 comment Print

The ITO Vs Shri Radhey Shyam Agarwal (ITAT Jaipur) Once, there is an impending dispute between assessee and M/s. Laxmi Carpet Enterprises then it cannot be assumed that liability for payment has ceased

Proviso to Section 2(15) as substituted by Finance Act, 2015 is effective from 01.04.2016

October 5, 2015 4936 Views 0 comment Print

In the case of Hoshiarpur Improvement Trust Vs The Income Tax Officer Ward 1, Hoshiarpur , the assessee being a trust was registered under the Punjab Towns Improvement Trusts Act, 1922. It was providing services under the control and supervision of State Government for development of cities and towns.

Sec. 271(1)(c) No Penalty for addition U/s. 50C if Assessee furnishes all details

September 29, 2015 4390 Views 0 comment Print

In the case of Bhavya Anant Udeshi Vs ITO (International Taxation) it was held by ITAT Hyderabad that provision of section 50C being a deeming provision, it cannot be used for the purpose of imposition of penalty under section 271(1)(c) unless it is proved that Assessee has received any amount over

Assessee & Revenue have right to File cross objection before ITAT

September 27, 2015 5726 Views 0 comment Print

The Delhi High Court Has Held In the case of Fast Booking (I) Pvt. Ltd. Vs Dy. Commissioner Of Income Tax that both the assessee as well as the department have a right to file an appeal/cross-objections before the Tribunal.

Section 54F cannot be denied if Assessee was not exclusive owner of more than one property at the time of Transfer

September 23, 2015 1648 Views 0 comment Print

In the case of CIT vs Kapil Nagpal, it was held by the Delhi High Court that purchase of an agricultural land used for agricultural purposes did not violate 54F conditions. Further the exclusive ownership of the residential house on the date of transfer is required to prove violation of Section 54F.

Deduction u/s 54EC allowable on investment after six months if bonds were not available

September 19, 2015 2222 Views 0 comment Print

In the case of ACIT Vs Shri Kamlakar Moghe it was held by Nagpur Bench of Bombay HC that deduction u/s 54EC can be claimed by the assessee despite making the investment in REC bonds beyond six months if the delay was due to non-availability of the REC Bonds.

Whether Section 153C enables AO to issue notice to third parties on the basis of entries in some documents

September 15, 2015 1310 Views 0 comment Print

A search took place on 14.02.2006 in the premises of M/s Radico Khaitan.In the course of these search proceedings, various documents including reports narrating amounts alleged to have been received or receivable from various members of the UPDA and the basis thereof were recovered.

Income from shares – whether capital gains or income from business or profession

September 3, 2015 2318 Views 0 comment Print

Sanjeev Mittal Vs CIT (Delhi High Court) The assessee was a medical practitioner with professional income and income from capital gains as returned income. The A.O. contended the income from capital gains to be the income from business or profession as he noticed that the professional receipts

Additions made of amount surrendered after adjusting expenditure was justified

August 20, 2015 661 Views 0 comment Print

HC held that where assessee had not offered any satisfactory explanation regarding surrendered amount not being bona fide and it was also not borne out in any contentions raised before lower authorities, additions so made after adjusting expenditure were justified.

No exemption u/s 10(23C) if institution exists apparently for philanthropic purpose and in reality for profits

August 10, 2015 757 Views 0 comment Print

The contention of the revenue was that the intention of the Legislature is to benefit those institutions which cater to variety of illness and suffering as a service to the society and solely for philanthropic purpose and not for the purpose of profit.

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