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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 2258 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 1690 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 672 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 2831 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 600 Views 0 comment Print


Pre-liquidation period assessment cannot be completed ex-parte during liquidation period

June 27, 2015 865 Views 0 comment Print

Whether assessment related to pre-liquidation period cannot be done ex-parte during the period of liquidation without giving reasonable opportunity of being heard to ex-management?

Sec.10(23C)(iiiad) Receipts from more than one educational institutions cannot be clubbed

June 24, 2015 67955 Views 0 comment Print

For the purpose of limit prescribed in section 10(23C)(iiiad), Rs. One crore limit has to be considered for each institution separately and not for the assessee as a whole. This is very important to mention that as per section 10(23C)(iiiad) also, the term used is any university or other educational institution

Welfare bodies formed under state statute eligible for registration u/s 12AA despite charging fees for their services

June 10, 2015 1145 Views 0 comment Print

In the case of Pune District Security Guards Board vs CIT, ITAT Pune held that welfare bodies formed under Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 were eligible for registration under section 12AA even though they charge fee for their services.

Onus is on assessee to prove identity / creditworthiness of creditors & genuineness of transactions

June 10, 2015 1795 Views 0 comment Print

In the case of Xerces Technologies Pvt. Ltd. Vs DCIT, ITAT Pune held that assessee to prove the identity of the creditors, their creditworthiness and the genuineness of the transactions. Mere furnishing of the particulars is not enough.

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