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Jagjeet Singh

Latest Articles


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 1015 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 2040 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 20046 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 856 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 5011 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 520 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 679 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 15241 Views 2 comments Print


Lesser of loss brought forward or unabsorbed depreciation shall be reduced from net profit in computation of book profit- S. 115JB

August 14, 2015 13789 Views 0 comment Print

In the case of M/s. Kailash Vahan Udyog Ltd. Vs. DCIT Pune Bench of ITAT have held that according to the provisions of section 115JB Explanation 1 Clause (iii) while computing book profit, the amount of loss brought forward (before depreciation) or unabsorbed depreciation

Initiation of Proceedings u/s 153A not valid if no incriminating material found during search

August 14, 2015 1327 Views 0 comment Print

In the case of INTAS pharmaceuticals Ltd. Vs. DCIT Ahmedabad Bench of ITAT have held that initiation of proceedings u/s 153A in absence of any incriminating material found in search conducted after finalization of regular assessments is not sustainable.

Decision on a debatable point of law is not a apparent mistake & cannot be rectified u/s 154

August 13, 2015 511 Views 0 comment Print

Assessee claimed deductions on account of excise duty paid and interest thereon which was originally allowed by AO but subsequently rectified u/s 154 by making addition of the same. ITAT examined the facts

Advances paid for purchase of assets would amount to utilization of capital gains u/s 54G- SC

August 13, 2015 5908 Views 0 comment Print

In this case assessee with an intention to shift its industrial undertaking from urban to non-urban area sold its land, plant & machinery, building etc. and out of capital gain earned he made advance payments to various persons to purchase land, plant & machinery, building etc.

AO cannot go beyond the directions/ orders of CIT (A) while working under the order

August 13, 2015 1283 Views 0 comment Print

In this case AO made certain addition being disagreed from the submissions of the assessee. Being aggrieved from the assessment order assessee filed appeal before CIT (A). After considering submissions of the assessee and noticing that the provisions of Section 14A has to be invoked

Amount advanced for supply Material/Labour cannot be treated as deemed dividend U/s. 2(22)(e)

August 12, 2015 1076 Views 0 comment Print

In the case of Smt. Uppala Rajani Vs. DCIT Hyderabad Bench of ITAT have held that the amount advanced for business transaction between parties regarding supply of material and labour, are not such to fall within the definition of ‘deemed dividend’ under S.2(22)(e).

Voluntarily surrender of income can’t escape penalty if assessee deliberately not shown unaccounted income in return

August 12, 2015 2128 Views 0 comment Print

In the case of DCIT Vs. M/s Sunrise Stock Services P.Ltd. Chandigarh bench of ITAT reversed the order of CIT (A) who deleted the penalty made on estimation basis. It was allegation of AO that assessee voluntarily surrendered the addition and statement of the director was recorded.

Capital gain arises/accrued outside India can’t be clubbed in hands of NRI assessee

August 11, 2015 647 Views 0 comment Print

In case of Shri Rajendra Pathak Vs. ACIT Jaipur Bench of ITAT have held that sale proceeds cannot be clubbed in the hands of the assessee as capital asset/capital gain arises/accrued outside India. Assessee got shares on the basis of work performance by his employe in London.

In case of share capital identity, genuineness and creditworthiness of the cash creditor is to be proved by assessee

August 11, 2015 1959 Views 0 comment Print

In the case of DCIT Vs. M/s. Soni Hospital Pvt. Ltd. Jaipur bench of ITAT have held that that in case of share capital, the creditworthiness along with genuineness of transaction, identity of person is also required to be proved by the assessee.

Section 43(5)(d) applicable only on derivatives trading (future & options) and not on share trading

August 11, 2015 17989 Views 0 comment Print

In the case of ACE India Medical Systems Vs. ACIT Jaipur Bench of ITAT held that from the bare reading of the section 43 (5) (d) it is prima facie clear that Section 43(5)(d) is for trading in derivatives not trading of shares.

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