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Media not to publish names of legal practitioners, judges and victims: HC

Corporate Law : HC directed Registrar (Administration) of bench to immediately circulate instructions to all Print, Electronic and Media Houses no...

January 7, 2017 1396 Views 0 comment Print

Deduction cannot be allowed merely because notice were not issued to bogus creditors

Income Tax : In the case of Commissioner of Income Tax Vs. Karnataka Planters Coffee Curing Works (P) Ltd. assessee had shown sudden increase i...

December 28, 2016 2443 Views 0 comment Print

Business Transactions/Salary do Not come within purview of Section 2(22)(e)

Income Tax : In the case of Shri Kaushik B. Patel Vs. D.C.I.T it was held by ITAT Ahmedabad that routine business transactions/salary payment...

October 3, 2015 2374 Views 0 comment Print

Specific Concealment of Income has to be established for levy of Penalty

Income Tax : In the case of Ms. Chaurasia & Sons. Vs. I.T.O the Hon’ble Kolkata ITAT held that mere confirmation of addition will not lead to...

September 27, 2015 1027 Views 0 comment Print

Loan to Shareholders in the course of lending business cannot be treated as deemed dividend

Income Tax : ITAT Kolkata has held in the case ITO Vs. Piyush Jalan that where lending of money is substantial part of the business of the conc...

September 23, 2015 815 Views 0 comment Print


Latest Posts in Radhika Balasaria

Media not to publish names of legal practitioners, judges and victims: HC

January 7, 2017 1396 Views 0 comment Print

HC directed Registrar (Administration) of bench to immediately circulate instructions to all Print, Electronic and Media Houses not to publish the names of practitioners and individual judges as a part of news item unless it is so essentially required.

Deduction cannot be allowed merely because notice were not issued to bogus creditors

December 28, 2016 2443 Views 0 comment Print

In the case of Commissioner of Income Tax Vs. Karnataka Planters Coffee Curing Works (P) Ltd. assessee had shown sudden increase in creditors without any matching purchase transactions.

Business Transactions/Salary do Not come within purview of Section 2(22)(e)

October 3, 2015 2374 Views 0 comment Print

In the case of Shri Kaushik B. Patel Vs. D.C.I.T it was held by ITAT Ahmedabad that routine business transactions/salary payments do not fall under the purview of Deemed Dividend u/s 2(22)(e) of the Act. In this case the assessee’s books nowhere treat the sums received as loan and advances to have been received from the said Company.

Specific Concealment of Income has to be established for levy of Penalty

September 27, 2015 1027 Views 0 comment Print

In the case of Ms. Chaurasia & Sons. Vs. I.T.O the Hon’ble Kolkata ITAT held that mere confirmation of addition will not lead to conclusion that penalty is leviable, unless it is established that assessee has concealed its income.

Loan to Shareholders in the course of lending business cannot be treated as deemed dividend

September 23, 2015 815 Views 0 comment Print

ITAT Kolkata has held in the case ITO Vs. Piyush Jalan that where lending of money is substantial part of the business of the concerned company and any advance or loan is made by it to a shareholder in the ordinary course of its business

Section 68 Cannot be invoked merely on the basis of Presumptions

September 23, 2015 1629 Views 0 comment Print

It has been held in case of Mukesh V. Prajapati Vs ITO (Ahmedabad ITAT), that the amount of cash credits shown as loan taken from various relatives , cannot be added as unexplained credit under sec 68 just on the presumption that the sources of the fund is not genuine

Section 68 Cannot be invoked if Creditor’s Identity, Mode of Payment & Repayment proved

September 23, 2015 1073 Views 0 comment Print

In the case of M/s. Jindal (India) Textiles Vs. ITO the Hon’ble ITAT held that once creditors’ identity, mode of payment and repayment, assessee’s books of accounts proved the impugned credit transactions

Assessee cannot be asked to prove something which is beyond its control

September 9, 2015 2196 Views 0 comment Print

In the case of DCIT Vs. Raj Kumar Saraogi the Kolkata ITAT held that comparison with the items of jewellery found at the time of search with wealth tax return, which were filed much earlier was putting an onerous task on assessee to prove something impossible

Non-furnishing of any explanation itself will lead to Penal Consequences

June 4, 2015 1809 Views 0 comment Print

In the case of Radha Nutirents Ltd. Vs. ITO the Hon’ble ITAT held that the assesse has failed to provide the loan confirmation of the loan received from Shri Kathirase Kumar and was also unable to provide an explanation as to why such confirmation could not be filed.

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