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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 2767 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 1981 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 543 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 1184 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 2657 Views 0 comment Print


Expense/Liability not allowable based on mere debit note, unless genuineness is established

June 17, 2015 1041 Views 0 comment Print

Liability need not to always be a contractual one. On the basis of understanding between the two parties, both sides have passed necessary accounting entries. It was a genuine transaction. Since the assessee was unable to complete the SEZ it transferred the land to the sister concern IGICPL.

Sec. 194C applies only if there exist a contractual arrangement between parties

June 15, 2015 1049 Views 0 comment Print

It is only when payments are made ‘in pursuance of a contract’ that the provisions of section 194C come to into play. The contract may be oral or written, express or implied but there must be a contract nevertheless. In the present case, however, the payment is on account of legal obligation under section 24(1) of the Punjab water Supply & Sewerage Board Act 1976

Disallowance for bogus purchases should be restricted to reasonable profit % of such Purchases

June 5, 2015 5915 Views 0 comment Print

In the case of M/s Sharma East India Hospitals & Medical Research Ltd vs. DCIT, ITAT Jaipur held that disallowance out of unverifiable purchases may be restricted to 15% following the consolidated order in the cases of Sh. Anuj Kumar Varshney and ors. Vs. ITO, ITA No. 187/JP/2012

S. 194H Discount by BSNL to its franchisee on recharge coupon is not commission

June 5, 2015 2197 Views 0 comment Print

In the Case of ITO-TDS vs. BSNL, the Hyderabad Tribunal observed that the relationship between the BSNL and the franchisee was recognised by the CBDT by inserting third proviso to S.194H. The assessee being public sector undertaking stands on a different footing and the view taken by Delhi High Court

Sec. 54F exemption for deposit in saving a/c instead of capital gain a/c scheme

June 5, 2015 2264 Views 0 comment Print

In deciding the exemption u/s 54F in the case of Sri M.S. Lakshmana Rao vs. DCIT, Hyderabad Tribunal held that non-compliance to condition of depositing sale proceeds in capital gain account scheme as required u/s 54 will not be so fatal to debar the assessee from getting benefit of section 54F.

Shortage on sales allowable despite Shortage claim at the time of Purchase

June 5, 2015 1363 Views 0 comment Print

In the case of Manikanta Concerns vs. DCIT, ITAT Hyderabad held that the shortage at the time of purchase and the shortage at the time of sale are two different issues and it cannot be said by any stretch of imagination that once the assessee has claimed shortage at the time of purchase

No Penalty u/s 271(1)(C) on Bonafide claim of wrong deduction

June 5, 2015 3066 Views 0 comment Print

In the case of Pooja Industries vs. ITO, ITAT Chandigarh held that mere denial of deduction u/s 80IC, which the assessee has claimed on roller flour mills with a bonafide belief, would not lead to panel consequences.

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