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CA Rahul Sureka

Latest Articles


Complete Guide for Taxation of Bogus or Hawala Purchase from suspicious dealer

Income Tax : Maharashtra Sales Tax Department has published ‘List of Suspicious Dealers, who have issued false bills, without delivery of goo...

August 13, 2020 29469 Views 0 comment Print

Tax @ 82.50% even if you received amount via proper banking channels

Income Tax : Yes, in certain case even if assessee received money through proper banking channels still it may attract tax @ 82.50% if assessee...

August 4, 2020 17383 Views 9 comments Print

Investment in Penny Stock- Bogus or Cash Credit U/s. 68?

Income Tax : Now-a-days Income Tax department investigates alleged trading/investment in shares and securities with collusion/connivance with a...

August 2, 2020 37848 Views 0 comment Print

All about NBFC Compliance and NBFC returns

Fema / RBI : In September 2016, RBI has issued Master Direction - Non-Banking Financial Company –Non-Systemically Important Non-Deposit takin...

March 2, 2017 56028 Views 4 comments Print

Proposed Important Amendments for Charitable Trust by Finance Bill 2017

Income Tax : While presenting budget 2017, there were several amendments proposed by Finance Minister Mr. Arun Jaitley with respect to Taxation...

February 25, 2017 17679 Views 3 comments Print


Latest Judiciary


Department cannot change its stand taken in one case in other case on identical facts: HC

Income Tax : In the case of CIT vs. Smt.Datta Mahendra Shah, Bombay High court held that once department has accepted decision of ITAT given in...

October 8, 2015 4747 Views 0 comment Print

Company with very high operating margin can be included in list of comparable after proper justification/investigation

Income Tax : In the case of Allscripts (India) Private Ltd.vs. Dy. Commissioner of Income Tax, ITAT Ahemdabad held that for the purpose of fi...

October 8, 2015 1100 Views 0 comment Print

Society not eligible for deduction U/s. 80P if its income is not from collective disposal of labor of its member: HC

Income Tax : In the case of Nileswar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs. CIT, High court of Kerla at Ernakulam has h...

October 6, 2015 7059 Views 0 comment Print

Profit from sale of shares is business income if assessee carries the activity in a systematic & organised manner: HC

Income Tax : In the case of Equity Intelligence India Pvt Ltd vs. Assistant Commissioner Of Income Tax High Court of Kerala at Ernakulam has h...

October 6, 2015 1139 Views 0 comment Print

Section 194C- Casual labourer are not sub-contractor : HC

Income Tax : In the case of Pr. CIT Vs. Shri Tulsi Ram Modi, HC of Rajasthan at Jaipur has held that labourer hired by the assessee employed a...

September 29, 2015 5411 Views 0 comment Print


Company with very high operating margin can be included in list of comparable after proper justification/investigation

October 8, 2015 1100 Views 0 comment Print

In the case of Allscripts (India) Private Ltd.vs. Dy. Commissioner of Income Tax, ITAT Ahemdabad held that for the purpose of find our comparable companies for transfer pricing, companies with very high operating margin can’t be selected as comparable companies without justification/investigation by AO

Society not eligible for deduction U/s. 80P if its income is not from collective disposal of labor of its member: HC

October 6, 2015 7059 Views 0 comment Print

In the case of Nileswar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs. CIT, High court of Kerla at Ernakulam has held that the collective disposal of the labour of the members of the society is not resulting in the generation of any income to the society.

Profit from sale of shares is business income if assessee carries the activity in a systematic & organised manner: HC

October 6, 2015 1139 Views 0 comment Print

In the case of Equity Intelligence India Pvt Ltd vs. Assistant Commissioner Of Income Tax High Court of Kerala at Ernakulam has held that (1) for reopening u/s 147 of the IT Act The requirement that the Assessing Officer must have ‘reason to believe’ cannot be taken

Section 194C- Casual labourer are not sub-contractor : HC

September 29, 2015 5411 Views 0 comment Print

In the case of Pr. CIT Vs. Shri Tulsi Ram Modi, HC of Rajasthan at Jaipur has held that labourer hired by the assessee employed as casual labourers could not be considered to be sub- contractor and therefore provisions of Section 194C and Section 40(a)(ia) of the Act were not applicable.

Rectification order u/s 154 cannot be made on debatable issue: HC

September 29, 2015 3403 Views 0 comment Print

In the case of KKJ Foundations vs. ADIT it was held by High court of Kerala that It is a settled proposition of law that rectification is a process by which a mistake is set at right. It thus means correcting an error which was apparent from record

Keyman insurance expenses allowable if conditions u/s 10(10D) fulfilled

September 23, 2015 4986 Views 0 comment Print

In the case of Suri Sons vs. ACIT – ITAT Amritsar has held that that once life insurance policy has been sold as a life insurance policy on the keyman to the business, as long as it is in the nature of life insurance policy

Assessment order liable to set aside, if JCIT approval is without application of mind

September 19, 2015 1699 Views 0 comment Print

In the case of Smt. Shreelekha Damani, vs. The DCIT (OSD-1)CR-7 ITAT has held that In our considered opinion, the power vested in the Joint Commissioner/Addl Commissioner to grant or not to grant approval is coupled with a duty.

No Penalty for disallowance based on accurate particulars submitted during scrutiny

September 17, 2015 5991 Views 0 comment Print

In the case of ITO vs. M/s Besto Tradelink (P) Ltd ITAT Ahemdabad) – Assessing Officer has computed the other disallowances of interest amount and the one under section 40A(3) only on the basis of assessee’s accurate particulars already submitted on record in the course of scrutiny.

When both AE and Indian enterprise are making contribution then PSM is to be follow for determination of ALP

September 14, 2015 933 Views 0 comment Print

In the case of Venture Infogain India Pvt. Ltd vs. Dy.Commissioner of Income Tax ITAT has held that provisions the Profit Split Method is applicable mainly in international transactions which are so interrelated that they cannot be evaluated separately

Gain on transfer of capital assets to wholly own subsidiary is not INCOME at all in Income Tax Act. Hence, even MAT is not applicable

September 8, 2015 7858 Views 0 comment Print

In the case of Venture Pvt.Ltd vs. DCIT, ITAT Mumbai has held that (1) the Net profit shown in the Profit and loss account should be adjusted with the items given in Notes to accounts, meaning thereby,

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