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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


TDS is to be deducted on both amount paid as well as payable Section 40(a)(ia)-HC

September 3, 2015 5078 Views 0 comment Print

In the case of Shri Thomas George Muthoot vs The Commissioner of Income Tax High court has held that TDS if to be deducted by individual who required to get his accounts audited. A statutory provision

If substantial amount for new property is paid, exemption u/s 54 is available even if actual construction is not completed

September 1, 2015 3757 Views 0 comment Print

In the case of Shri Hasmukh N. Gala vs. ITO, ITAT has held that if assessee has invested substantial amount in new property, also received letter of allotment for new property then AO can’t denied exemption available u/s 54 of the Income Tax Act 1961.

Tribunal has power to grant stay even beyond 365 days

August 20, 2015 1891 Views 0 comment Print

In the case of Pespsi Foods Pvt Ltd vs. Assistant Commissioner of income Tax, (Delhi High Court) has held that third proviso to section 254 (2A) through the insertion of the expression – ‘even if the delay in disposing of the appeal is not attributable to the assessee’– by virtue of the Finance Act, 2008

Addition can’t be sustained in absence of cross examination of witness

August 20, 2015 3907 Views 0 comment Print

In the case of Asst Shri Ashokkumar Bhailal v Income Tax Officer, ITAT Ahmedabad has held that addition made on basis of witness statements, without giving assessee an opportunity to cross examine the witness and without collaborating other independent evidence is not sustainable in law.

Purchases of materials from a person other than the customer is not a works contract –TDS is not applicable

August 18, 2015 2299 Views 0 comment Print

In the case of Commissioner of Income Tax Vs The Executive Engineer Court of Karnataka( Kalaburagi Bench) has held that if a person executing the work, purchases the materials from a person other than the customer

Income under any head of income is to be computed following the computation provisions only

August 17, 2015 682 Views 0 comment Print

In the case of Akansha Ranju Pilani vs. Income Tax officer, (ITAT Mumbai) has held that Only the expenditure/outgoings specified under the relevant head of income and, further, subject to the conditions specified in respect thereof, stand to be allowed in computing the income under that head of income.

Charging of High Premium on issue of shares can’t be ground for addition u/s 68

August 13, 2015 2796 Views 0 comment Print

In the case of CIT vs Anshikha Consultants Pvt Ltd, Delhi High Court held that whether the assessee company charged a higher premium or not, should not have been the subject matter of the enquiry in the first instance.

TP- operating cost should be calculated by adjusting abnormal cost incurred on account of Start-up Company

August 10, 2015 10573 Views 2 comments Print

In the case of HCL Technologies BPO Services Ltd vs. ACIT, ITAT has held that for transfer pricing only amount retained by associates from end user is to be taken into account for transfer pricing adjustment, and to adjust operating cost by excluding abnormal cost incurred on a/c of Startup Company like salary, rent, and depreciation.

Recovery of expenses beyond normal period was in the nature of deemed loan in the hands of AEs and require TP adjustment

August 9, 2015 1091 Views 0 comment Print

In the case of Tecnimont ICB House vs. DCIT, ITAT has held that Recovery of expenses beyond the normal period was in the nature of deemed loan in the hands of AEs and require transfer pricing adjustment.

In absence of any evidence to contradict Value in valuation report of registered valuer is to be taken as fair market value as on 01.04.1981

August 6, 2015 2683 Views 0 comment Print

In the case of Shri Barjinder Singh Bhatti vs. ITO ITAT has held that in absence of not having any evidence or material before him to contradict the report of the Registered Valuer, AO cannot reject valuation report of Registered Valuer.

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