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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 668 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 7777 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 1720 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 709 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 1102 Views 0 comment Print


Assessee making periodically RBI approved royalty payments to its AE, TPO not justified in determining ALP at Nil

August 7, 2015 744 Views 0 comment Print

The assessee-company was engaged in the business of manufacture of pre-engineered building system products. During relevant year, assessee entered into international transactions with its AE situated in Kuwait.

Reassessment on the basis of change of opinion is forbidden by law

August 3, 2015 1609 Views 0 comment Print

The Assessing Officer had issued notice u/s 148 of IT act to reopen the assessment giving reasons to believe that assessee’s claim for set off of brought forward unabsorbed depreciation against long term capital gain was not allowable as it was being set off after a lapse of 8 years.

Reimbursement from agents abroad for global telecommunication facility is not fees for technical service

July 31, 2015 399 Views 0 comment Print

Due to the absence of any profit element in the amount paid by the agents it was held that it was purely in the nature of reimbursement of cost of MaerskNet. Further, MaerskNet was part of the shipping business and therefore subject to DTAA.

Reopening despite submission of all facts in relation to deduction claimed by assessee during original assessment is impermissible

July 30, 2015 820 Views 0 comment Print

The Assessing Officer had issued notice u/s 148 of IT act to reopen the assessment of the AY 2007-08 giving reasons to believe that there was non-disclosure of all facts with respect to deduction u/s 10A by the assessee and the assessee had taken the deduction without setting off the loss of one unit.

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