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CA Girish Gupta

Latest Judiciary


Assessment in the name of non-existent entity is void ab initio

Income Tax : In the Case of Sapient Consulting Limited vs. DCIT, ITAT Delhi relying upon the order of Jurisdictional High Court held that frami...

January 28, 2016 2782 Views 0 comment Print

Actual date of transfer relevant for benefit u/s 54 if possession been given before ‘Sale Deed’

Income Tax : In the case of Shashi Gupta vs. ITO, the Delhi Tribunal while considering the effective date of transfer of immovable property for...

January 28, 2016 2965 Views 0 comment Print

Business income to be computed according to books of accounts if not rejected

Income Tax : In the case of Shree Hari Agro Industries Ltd. Vs. DCIT, the Kolkata Tribunal on the issue of disallowance of alleged excess consu...

January 28, 2016 609 Views 0 comment Print

Custom valuation Rule 4 will not apply if Import is without monetary consideration: SC

Custom Duty : In the Case of M/s GMR Energy Ltd vs. Commissioner of Customs, Bangalore, Hon’ble Supreme Court while dealing with the appeal of...

January 28, 2016 1211 Views 1 comment Print

CD’ is an admissible ‘documentary evidence’ : SC

Corporate Law : In the case of Shamsher singh verma vs. State of Haryana, the Apex court on the point of admissibility of evidence held that the â...

December 23, 2015 2729 Views 0 comment Print


Unless genuineness of transaction is established by assessee, addition u/s 68 can’t be revoked

July 8, 2015 970 Views 0 comment Print

A.O. was not convinced by the explanation furnished by the assessee with regard to share capital received from six applicants and a sum of Rs.24 lacs was added u/s 68 of the Act. Appeal filed with CIT was rejected on the ground of assessee inability to explain the identity

If circumstance warrants, Stay order by ITAT was allowed to continue beyond 365 days

July 8, 2015 385 Views 0 comment Print

Held that it is settled law that there is no bar for grant of such a relief if the Court is of the opinion that the circumstances and the ends of justice so warrant. Since the petitioner has already been granted conditional stay by the Tribunal in respect of the said appeal and that the Tribunal is in the midst of hearing of appeal

If there is International transaction, Arm’s Length Price would be decided using international commercial principle.

July 8, 2015 2815 Views 0 comment Print

Assessee had given the loan to the associate enterprise in U.S.D. and in such a situation when the transaction was in foreign currency, and the transaction was an international transactions, then the transaction would have to be looked upon by applying the commercial principles in regard to international transactions.

Condition of pre-deposit by CESTAT not justified if, prima facie, revenue contention seems to be loggerhead

July 8, 2015 339 Views 0 comment Print

Held that, Prima facie, it appears that revenue’s argument is at loggerheads with the notification. Reliance was also placed on the judgment of Bombay High Court in case of Niphad Sakhar Karkhana Ltd. vs. CEE, 2014 (300) E.L.T. 66 (Bom.) submitted by the appellant.

Unless receipt is termed as ‘Income’, Question of taxability wouldn’t arise

July 8, 2015 4537 Views 0 comment Print

The award was not for any services rendered but in the nature of testimonial and expression of recognition by an institution of eminence of a person in the field of Journalism. The testimonial paid to any professional or any person as a token of esteem and regard for his ability or qualities

Stay granted by ITAT can be extended beyond 365 days if demand of justice so warrants

July 8, 2015 1210 Views 0 comment Print

Revenue contended that Tribunal has no authority to extend the period of stay beyond a period of 365 days from the initial date of grant of stay in view of third proviso to section 254(2A). As 365 days would expire on 30.03.2015

Section 32- Depreciation allowable on payment made to acquire business or commercial rights

July 8, 2015 1009 Views 0 comment Print

A reading of the agreement between STL and the assessee clarifies that a specific amount, i.e., Rs. 9 Crores was paid by the assessee to the transferor who owned commercial rights towards the network and the facilities.

Retention money taxable as when the right to receive the same accrues

June 30, 2015 8728 Views 0 comment Print

The assessee was involved in power sector contracts and as per the terms and conditions of such work contract, an amount of 5 to 10% is used to deducted from the bills raised as retention money which would be payable to the assessee after successful completion of the commissioning of the project.

Second proviso to section 40(a)(ia) is curative and has retrospective effect, Appeal allowed

June 30, 2015 795 Views 0 comment Print

Second proviso to section 40(a)(ia) provides that where the assessee is not deemed to be assessee in default under the first proviso to sub-section (1) of section 201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee

Self serving recitals cannot be accepted as true Unless the assessee proves it

June 30, 2015 391 Views 0 comment Print

In the present case, AO come to know about cash deposit of Rs.13.01 Lac by the assessee through AIR Information. On being called upon to explain the source of such cash deposit, assessee submitted that he has inherited a sum of Rs.13 lac from his mother who has died on 14-08-2006 and produced copy of her income tax return,

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