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Girish Aradhya

Latest Judiciary


Second proviso to sec.40(a)(ia) of the IT Act is curative and it has retrospective effect w.e.f. 1st April, 2005

Income Tax : In the case of ITO Vs Bimal Biswas, ITAT of Kolkata set aside the issue to the file of AO and directed the assessee to produce the...

October 14, 2015 3651 Views 0 comment Print

AO cannot make changes in accounts certified under Companies Act for Computing book profit

Income Tax : In the cited case, ITAT held that the Assessing Officer does not have power to embark upon the fresh enquiry with regard to the en...

October 5, 2015 2161 Views 0 comment Print

Aim & object of expenditure would determine character of payment- HC

Income Tax : In the case of Sandvik Asia Limited vs. DCIT, Bombay High Court held that the payment made by the Appellant in its nature is diff...

October 5, 2015 2629 Views 0 comment Print

Accrued Interest on Sticky advances of Co-Operative Banks not taxable

Income Tax : In the case of CIT Vs. M/s.Deogiri Nagari Sahakari Bank Ltd. & Others , Bombay High Court inter-alia held that the assessee herein...

September 26, 2015 2428 Views 0 comment Print

CBDT Instruction- specifying monetary limits for filing appeals has prospective effect

Income Tax : In the case of CIT vs. Suman Dhamija, the Supreme Court held that CBDT Instruction specifying monetary limits for filing appeals a...

September 25, 2015 1881 Views 0 comment Print


Section 43B: Conversion of interest into shares amounts to payment

September 3, 2015 4594 Views 0 comment Print

In the case of CIT vs Rathi Graphics Technologies Ltd. Delhi High Court inter-alia held that the conversion of a portion of interest into shares should be taken to be “actual payment” within the meaning of Section 43B of the IT Act.

A party who has not appealed cannot be permitted to raise a ground

September 3, 2015 968 Views 0 comment Print

In the case of CIT vs Divine Infracon Pvt. Ltd , Delhi High Court reiterated its own order in case of CIT vs. Edward Keventer (Successors) Pvt. Ltd that it would not be open to a respondent to travel outside the scope of the subject matter of the appeal under the guise of invoking Rule 27 of the Income Tax (Appellate Tribunal) Rules, 1963.

When interest was converted into loan or borrowing/advance, it shall not be deemed to have been actually paid

August 26, 2015 876 Views 0 comment Print

In the cited case, ITAT inter-alia held in the light of the main provisions of section 43B read with Explanations 3C and 3D that the interest payable to banks and other financial institutions can be allowed as deduction only ‘if such interest has been actually paid

Mere non-production of proof for dispatch of documents does not entail disallowance

August 26, 2015 1057 Views 0 comment Print

In the cited case, ITAT inter-alia held that the appellant failed to produce proof in support of dispatch of Form 15H to the CIT, this by itself does not entail any addition. It was only technical breach of law and the act provides for separate penal provisions for such default.

ALP not to be computed if transaction is not with associated enterprise

August 26, 2015 1564 Views 0 comment Print

In the case of Price Waterhouse & Anr. Vs CIT, Calcutta High Court through an interim order opined that if there was no relevant material in the hands of the Income Tax authorities with which it has come to an incontrovertible conclusion that the writ petitioner no.1 was an ‘associated enterprise’

Rebate u/s 88E is allowable from the business income be it speculative or not

August 26, 2015 4312 Views 0 comment Print

In the cited case, ITAT inter-alia held that the claim has been denied merely because the AO has treated the transaction as speculative loss. This cannot be any reason for declining the claim of rebate u/s. 88E of the Act as the claim is allowable from the business income be it speculative or not.

Onus on assesse to prove true identity of an investor, its creditworthiness and genuineness of a transaction

August 26, 2015 970 Views 0 comment Print

In the cited case, Delhi High Court held that had the AO cared, the identity of the investors, the genuineness of the transaction and the creditworthiness of the share applicants would have been apparent. Even otherwise

Hire Purchase Installments received to be taken as income by allowing corresponding expenditure as deduction

August 10, 2015 844 Views 0 comment Print

In the cited case, ITAT directed AO inter-alia to include installments received on sale of various houses and flats under hire purchase agreement and at the same time allow corresponding expenditure which has been expended by the assesses in cash (including through cheque).

No TDS u/s 194C for payments of reimbursement of expenses

August 10, 2015 5905 Views 0 comment Print

In the cited case, ITAT inter-alia held that since the payments have been made as reimbursement of expenses to the agents of the appellant, therefore, appellant was not obliged to deduct TDS under section 194C of the Act and as such, no disallowance is warranted u/s 40(a)(ia) of the IT Act.

Deduction for PF and ESI contribution cannot be disallowed if paid before due date of filing return

August 10, 2015 6074 Views 0 comment Print

ITAT held that (i) International recruitment service operations conducted from STPI, Noida are held to be eligible for benefit of deduction u/s 10A. (ii) The deduction of payment of employees’ contribution towards provident fund and ESI cannot be disallowed under section 43B

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