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Girish Aradhya

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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 3801 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 2428 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 2797 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 2632 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 2004 Views 0 comment Print


Mere fact that an entity makes extremely high profits/losses does not lead to its exclusion from list of comparables for ALP determination

August 10, 2015 1027 Views 0 comment Print

, High Court inter-alia held that mere fact that an entity makes high/extremely high profits/losses does not, ipso facto, lead to its exclusion from the list of comparables for the purposes of determination of ALP.

If provisions of section 14A is to be invoked, disallowance is to be computed as per rule 8D

July 28, 2015 1000 Views 0 comment Print

In the case of ACIT vs M/s.Goel Investments Ltd., ITAT Lucknow affirmed the earlier order of ITAT in a similar case of the same assessee that once provisions of section 14A of the IT Act are to be invoked, the disallowance is to be computed as per rule 8D of the IT rules.

Monopoly, continuous functioning and large orders at hand are sufficient basis for valuation of goodwill

July 28, 2015 583 Views 0 comment Print

In the case of CIT vs M/s.Motherson Auto P. Ltd, Delhi High Court held that the monopoly enjoyed by the assessee in respect of the product manufactured, the continuous functioning, the large volume of orders at hand when the collaboration transaction took place, were sufficient basis for valuation.

Rent cannot be increased for mere increase in prices of land

July 28, 2015 532 Views 0 comment Print

In the cited case, ITAT inter-alia held that merely because prices of land has gone up, rent cannot be increased particularly to persons covered u/s 40A(2)(b) of the I.T Act without looking into agreement in respect of rent for the earlier years and for the present year

Bonds, that mature in future, issued against services provided for a project, does not convert them into capital assets

July 28, 2015 489 Views 0 comment Print

In the cited case, Delhi High Court held that the Iraqi Government’s inability to pay due to sanctions imposed by it and the subsequent Central Government’s negotiating an arrangement for its payment through bonds that were to mature in future with interest did not in any way alter their character

Revenue from renting out the terrace is chargeable as income from house property

July 16, 2015 4324 Views 0 comment Print

In the cited case, Delhi High Court held that the building had been developed to be sold or let out with no possibility of the terrace floor being subjected to such utilization. As there is no other purpose to be served by the property held on the terrace floor

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