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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


AO can reply upon valuation of DVO only after proving understatement in price consideration as per sale deed

July 23, 2015 571 Views 0 comment Print

Tribunal examined two main issues in this case firstly, whether any addition is required to be made in the hands of assessee on account of unexplained investment in purchase of house property. Secondly, whether assessees have paid any amount over and above the consideration shown in the sale deed

Amount on account of debit note issued by earlier management cannot claimed as expenditure

July 23, 2015 922 Views 0 comment Print

The court has dealt with two issues in this case. Firstly, whether Tribunal was justified in deleting the disallowance made by AO on account of claim made by the assessee towards cost paid to Hindustan Lever Ltd. for salary of Managers, Officers on deputation.

Ownership of land is not a pre-condition for deduction u/s 80 IB (10)

July 23, 2015 573 Views 0 comment Print

Sec. 80-IB(10) of the Act thus provides for deductions to an undertaking engaged in the business of developing and constructing housing projects under certain circumstances noted above. It does not provide that the land must be owned by the assessee seeking such deductions

Once assessee has proved identity and creditworthiness of the share applicants, addition u/s 68 cannot be sustained

July 23, 2015 534 Views 0 comment Print

Once assessee has submitted documents related to identity, creditworthiness and genuineness of the transaction the onus of proving share application as bogus shifts on the revenue. If revenue fails to prove further then assessee connote be treated as bogus.

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

July 21, 2015 2040 Views 0 comment Print

ACIT Vs. Sagar Nitin Parikh (ITAT Mumbai) In the instant case, the assessee has constructed a house prior to the date of transfer of original house, in which case, the assessee is not entitled to claim deduction u/s 54 of the Act in respect of the cost of new flat.

Exemption u/s 10 (23C)(iiiab) cannot be denied merely on the basis of contradictory statements of few donors

July 21, 2015 9053 Views 0 comment Print

Deccan Education Society Vs. Addl. CIT (ITAT Pune) Hon’ble ITAT observed that Merely because some of the donors stated that they have given the donation for admission will not disentitle the society from getting exemption which exists solely for educational purposes

Income Tax Authorities have to initiate proceedings u/s 201 within four years

July 18, 2015 1075 Views 0 comment Print

The substantial time as extended in the previous judgment of this Court in Commissioner of Income Tax (TDS)-I vs. C.J.International Hotels Pvt. Ltd. (in ITA No.57/2015) decided on 09.02.2015, as discussed elaborately in a reasoned order of this Court

S. 263 CIT cannot set aside Assessment order passed after proper examination, inquiry & verification

July 18, 2015 1600 Views 0 comment Print

Issue before tribunal: Whether CIT can assume jurisdiction u/s 263 on the facts and circumstances of the case. Whether order of the AO was erroneous and prejudicial to the revenue.

Notice issued u/s 148 with approval of CIT in place of JCIT has no validity

July 18, 2015 2185 Views 0 comment Print

Whether CIT can give approval for initiating proceeding u/s 147 in place of JCIT who is prescribed authority to give such approval u/s 151 (2) of the Income-tax Act.

Receipts transferred to its constituents by Joint Venture cannot be taxed in hands of JV

July 18, 2015 906 Views 0 comment Print

Whether a proportion of the project receipts, commensurate with the risks/performance obligations, should be attributed to the assessee JV to whom tender had been awarded for the project and undertook significant risks and responsibilities for the completion of the project

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