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Jagjeet Singh

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Assessee held shares under investment in books, AO in absence of anything contrary can’t held investment as trading

Income Tax : In the case of Shri Vishal Dipak Shah Vs. Addl. CIT Mumbai Bench of ITAT held that Principle of Res judicata does not apply to the...

December 25, 2015 1057 Views 0 comment Print

No deduction u/s 54 is allowed where assessee has constructed a house prior to the date of transfer of original house

Income Tax : ACIT Vs. Sagar Nitin Parikh (ITAT Mumbai) In the instant case, the assessee has constructed a house prior to the date of transfer ...

July 21, 2015 2067 Views 0 comment Print

Fee levied u/s 234E while processing TDS statement is beyond scope of adjustment provided u/s 200A

Income Tax : G. Indhirani Vs. DCIT (ITAT Chennai) The only issue arises for consideration is with regard to levy of fee under Section 234E of t...

July 10, 2015 20190 Views 0 comment Print


Latest Judiciary


On voluntarily disclosure in response to notice u/s 153A before any detection by revenue, immunity from levy of penalty can’t be denied

Income Tax : In the case of DCIT Vs. Deepak Chaudhary Kolkata Bench of ITAT have held that the assessee has cumulatively satisfied all the cond...

January 16, 2016 892 Views 0 comment Print

Transfer pricing adjustment is not one of the adjustments contemplated under Explanation 1 Section 115JB(2)

Income Tax : In the case of M/s. Cash Edge India (Pvt.) Ltd., vs. ITO Delhi Bench of ITAT have held that transfer pricing adjustment is not one...

January 13, 2016 5194 Views 0 comment Print

Reassessment proceedings could not be declared as null and void where AO was prompted by correct information

Income Tax : In the case of ITO Vs. M/S JAGDAMBA OPTICS PVT. LTD. Delhi Bench of ITAT have held that there was existence of correct information...

January 13, 2016 568 Views 0 comment Print

If business of comparable company & assessee remains unchanged from last year, the company can’t be held incomparable in current year

Income Tax : In the case of Eli Lilly & Co. (India) Pvt. Ltd. Vs. ACIT Delhi bench of ITAT have held that as there is no change in the facts fo...

January 7, 2016 715 Views 0 comment Print

Diagnostic Labs to deduct TDS on discount given to hospitals/laboratories U/s. 194H

Income Tax : In the case of M/s DDRC SRL Diagnostic P Ltd. Vs. ITO Mumbai Bench of ITAT have held that If the hospitals/laboratories act as mer...

January 7, 2016 15460 Views 2 comments Print


Interest earned on Escrow Account shall be treated as income from business not from other sources.

July 4, 2015 6220 Views 0 comment Print

Whether interest income earned on amount in Escrow Account can be treated as Income from other sources instead of income from business.

Finance charges could not be treated as interest within the meaning of Interest Tax Act, 1974

July 4, 2015 1367 Views 0 comment Print

Interest accruing or arises to the assessee can be taxed in the hands of the assessee. In this particular case assessee charges a certain amount as finance charge from its borrowers to process the finance further and liability to pay interest accrued later on after the completion of finance.

Section 10B- Compiling, editing, digital designing of software amounts to Manufacture

July 4, 2015 511 Views 0 comment Print

Whether assessee’s engagement in activities of collection, collation, formatting of data, editing, digital designing etc. can be termed at manufacturing to avail the benefits of section 10B of the Income-tax Act.

Mere cessation of liability not results into fit case of sec. 41(1) of Income-tax Act

July 4, 2015 1313 Views 0 comment Print

Section 41 (1) of the act provides treating of trading liability on cessation as deemed profit in business or profession. But section has to apply when there is benefit upon such cessation in form of any remission.

Initiation of penalty u/s 272A(2)(k) starts from date of issuance of notice

July 3, 2015 12225 Views 0 comment Print

Issuing notice is a statutory requirement of initiating of penalty as to intimate the assessee about such initiation and to give him an opportunity of being heard. Under the act power are conferred on income-tax authorities to initiate any proceeding and to initiate notice.

Assessment framed in the name of non-existing entity due to amalgamation cannot be cured by provision of section 292B

July 3, 2015 1209 Views 0 comment Print

Hon’ble Delhi Court in the matter Spice Entertainment (ITA no. 475/2011) give finding on the proposition that completion of assessment in respect of a non-existent company due to the amalgamation would result assessment in the name and in respect of the original assessee company,

Application of provision of section 14A r.w. Rule 8D without recording satisfaction cannot be upheld

July 3, 2015 1004 Views 0 comment Print

It is a trite law as per provision of section and various judicial pronouncement that AO must record satisfaction regarding to non-correctness of the claim of the assessee u/s 14 A. He must ensure that there is an error in calculation of expenditure relating to the income which relates to the exempted income.

Undisclosed income beyond block period cannot be taxed

July 1, 2015 2005 Views 0 comment Print

CIT (A) appeal as well as ITAT examined the document relied upon the revenue for making addition. It was found that the document was not addressed to anyone and without any signature and date. In such situation it can be said that it belong to assessee.

For application of section 2(22)(e) a person should be both registered as well as beneficial shareholder

July 1, 2015 1081 Views 0 comment Print

In the language of Section 2 (22) (e) the term beneficial owner of shares includes both registered as well as beneficial share holder. So provisions of this section could be applied where assessee can be treated as both mentioned above.

Deemed dividend can be made applicable only in the hands of registered shareholders

July 1, 2015 489 Views 0 comment Print

From the bare reading of provision of section 2 (22) (e) it can be easily understood that section can be invoked only if assessee to whom any payment was made by way of loan or advance must be beneficial owner of the shares.

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