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CA Ghanshyam Vaswani

Latest Judiciary


Income from subletting of property is to be assessed as business income

Income Tax : In the case of Bhuvan Leasing and Infrastructures Vs ITO, ITAT Mumbai has held that where it is the intention of the assessee to l...

July 28, 2015 2285 Views 0 comment Print

Deduction u/s 80IA(4) cannot be disallowed, merely on the ground that assessee is not the owner of infrastructure facilities

Income Tax : In the case of En-Vision Enviro Engineers (P) Ltd. Vs DCIT, it was held that deduction u/s 80IA(4) cannot be disallowed, merely on...

July 28, 2015 1726 Views 0 comment Print

Loan/Debt from a company to a firm thereby to the assesse, who has substantial interest in company and firm is not deemed dividend u/s 2(22)(e)

Income Tax : The assessee submitted that he was managing director of SISICOL, which had many deposit schemes and 290 units or branches to aid i...

July 18, 2015 708 Views 0 comment Print

Notice u/s 148 for reassessment cannot be issued based on mere suspicion

Income Tax : It would be the proximity of the reasons with the belief of escapement of income, which would be the determinative factor for reop...

July 18, 2015 2915 Views 0 comment Print

Prior year interest cannot be disallowed if the change in the interest rate was retrospective

Income Tax : There is no dispute about the allowability of expenses. Only dispute is regarding the year of allowability. If the Assessing offic...

July 18, 2015 630 Views 0 comment Print


Latest Posts in CA Ghanshyam Vaswani

Income from subletting of property is to be assessed as business income

July 28, 2015 2285 Views 0 comment Print

In the case of Bhuvan Leasing and Infrastructures Vs ITO, ITAT Mumbai has held that where it is the intention of the assessee to lease out various premises and then sublet the same on leave and licence basis to different parties

Deduction u/s 80IA(4) cannot be disallowed, merely on the ground that assessee is not the owner of infrastructure facilities

July 28, 2015 1726 Views 0 comment Print

In the case of En-Vision Enviro Engineers (P) Ltd. Vs DCIT, it was held that deduction u/s 80IA(4) cannot be disallowed, merely on the ground that the assessee must be owner of the infrastructure facilities and the assess should be a developer and not contractor.

Loan/Debt from a company to a firm thereby to the assesse, who has substantial interest in company and firm is not deemed dividend u/s 2(22)(e)

July 18, 2015 708 Views 0 comment Print

The assessee submitted that he was managing director of SISICOL, which had many deposit schemes and 290 units or branches to aid its operations. He was also a partner of the firm, which entered into an understanding with SISICOL

Notice u/s 148 for reassessment cannot be issued based on mere suspicion

July 18, 2015 2915 Views 0 comment Print

It would be the proximity of the reasons with the belief of escapement of income, which would be the determinative factor for reopening of the assessment. The remoteness of the reasons would obviate the possibility of a belief and would bring the case in the realm of mere suspicion

Prior year interest cannot be disallowed if the change in the interest rate was retrospective

July 18, 2015 630 Views 0 comment Print

There is no dispute about the allowability of expenses. Only dispute is regarding the year of allowability. If the Assessing officer is of the view that the expenses are pertaining to the prior, the same are required to be considered for the prior and allowed in that year.

Forfeited application money can be claimed as business loss for investment business

July 18, 2015 1170 Views 0 comment Print

The court considered the reasoning of the Revenue and held, firstly as the arrangement was in place with the UTI (which had to purchase the NCDs at Rs. 389/- per NCD), the assessee gave effect to it (the arrangement). UTI paid Rs. 389/- per debenture to JISCO

Transfer to special reserve U/s. 45-IC of RBI Act is a part of book profit U/s. 115JB

July 4, 2015 5726 Views 0 comment Print

The reserve, which is required to be created under Section 45-IC, is out of the profits earned by a non-banking financial institution. It is not an amount diverted at source by overriding title. The Reserve Bank of India Act, 1934 can permit appropriation in respect of the said reserve.

Reassessment Notice U/s. 148 void even if issued by authorities who rank higher than competent authority

July 4, 2015 1799 Views 0 comment Print

The Revenue’s argument seems plausible and even logical because the Commissioner or a Chief Commissioner is unarguably ranked higher in authority than a Joint Commissioner. Yet at the same time

Reassessment u/s 147 valid if assesse had deemed notice of reassessment proceedings

July 4, 2015 934 Views 0 comment Print

In the present case, there is no doubt at all that the assessee cooperated and appeared both in the assessment as well as reassessment proceedings. Therefore, it had deemed notice of the re-assessment proceedings.

Share Application money cannot be added to Income if Assessee discharges the onus cast on him

July 4, 2015 1526 Views 0 comment Print

In the present instance, the AO apparently had the books and all the relevant information pertaining to the share applicants. CIT v. Lovely Exports (P) Ltd. 2008 (216) CTR (SC) 195 directs that whilst the initial onus to prove the identity of a third party,

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