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Rishabh Mehra

Latest Judiciary


Mere Change in profit sharing ratio would not change constitution of Partnership firm

Income Tax : ITAT Delhi in DCIT Vs Deepsons Southend held that if there is change in the profit sharing ratio of the partnership and all the pa...

January 16, 2016 10672 Views 0 comment Print

Continuously selling of product depicts commercial production not trial production

Income Tax : ITAT New Delhi held in ACIT Vs Phonix Lamps India Ltd that if the assessee was selling its final product to particular parties con...

January 16, 2016 1600 Views 0 comment Print

Under Mercantile method of accounting Loss in business can be booked in the year in which it is determined

Income Tax : ITAT Chandigarh held in Lakshmi Energy & Foods Products Ltd Vs The ACIT that if the assessee was following mercantile method of ac...

December 24, 2015 1258 Views 0 comment Print

Payment of broken period interest will be allowed as a business expense

Income Tax : 1.ITAT Mumbai held in the case of Asst. DIT Vs M/s Hongkong and Shanghani Banking Corporation Ltd that the broken period interest...

December 22, 2015 1174 Views 0 comment Print

Transfer Pricing: Only functionally comparable companies can be compared for calculating ALP

Income Tax : ITAT held in Acclaris Business Solutions Lvt Ltd. Vs I.T.O that only those companies could be compared for calculating ALP which w...

December 22, 2015 976 Views 0 comment Print


Investment for Leveling and filling of new agriculture land cannot be Claimed as exemption U/s 54B

June 19, 2015 2637 Views 0 comment Print

Appeal of the revenue stands allowed and only the cost of theland has to be considered for calculating exemption u/s 54B no other expenses will be taken into account. So ITAT disallowed the expenses of leveling and filing of land and set aside the order of CIT(A) and restore that of A.O on this issue.

AO cannot made addition for Anonymous donations treated as Income by Assessee

June 17, 2015 1267 Views 0 comment Print

Respective court was of the view that section 68 has no application because the same had already been taken in income of the assessee so it no where remains undisclosed. Moreover the assessee has duly discharged its onus to prove the credit worthiness of the donor by giving the list of the same

Disclosure of Income after Search at sister concerns office cannot be called voluntary

June 9, 2015 459 Views 0 comment Print

High Court Calcutta held in CIT Vs Balampur Chini Mills Pvt Ltd that even if the assesse had voluntary disclosed its income by filing revised ROI though not detected by the revenue during scrutiny proceedings u/s 143(3), penalty u/s 272(1)(c) would be levied.

Incentive paid by BSNL to its franchisee is a trade discount not commission liable to TDS

June 5, 2015 4771 Views 0 comment Print

ITAT held in ITO Vs General Manager Bharat Sanchar Nigam Ltd that the incentive offered by the BSNL to its franchisee was in the nature of trade discount not in the nature of commission because after the payment made by the franchisee to the BSNL all risks and rewards relate to the franchisee.

Payment made in excess of Rs 20000/- should be allowed if made in business exigency

June 5, 2015 3312 Views 0 comment Print

ITAT held in Manikanta Concerns Vs DCIT that if the assesse had claimed deduction of shortage in weight or quality at the time of purchase then it did not mean that assesse could not claim deduction of shortage in weight or quality at the time of sale.

For claiming deduction u/s 54F mere bank statement showing withdrawal of amount is not sufficient

June 5, 2015 675 Views 0 comment Print

ITAT Hyderabad held in Shri M.S Lakshmana Rao Vs DCIT that if the assesse had not deposited the capital gain amount under the capital gain account scheme in bank then the assesse should not be barred of the exemption of sec 54

Comparable which is to be considered as a benchmark for comparing with comparable company should belong to year under consideration

May 27, 2015 420 Views 0 comment Print

Punjab & Haryana High Court held in CIT Vs DSM Anti Infectives India ltd that the benchmark comparable which was used to compare with the comparable company that should be considered only of that year of which TP case was involved.

Depreciation allowable for suspended period of business for reasons not attributable to Assessee

May 13, 2015 2317 Views 0 comment Print

Calcutta High Court Held in the case of M/s Budge Budge Company Ltd Vs CIT if the business had been suspended for some period of time without any malice contention of the assesse and the plant was still ready for use during that suspended period also

Mere Frequency of transactions in shares did not determine nature of transaction

May 12, 2015 1097 Views 0 comment Print

ITAT held in CIT( Kolkatta) Vs Merlin Holding Private Limited that it was the question of the fact to decide between the share income as an investment income or as a business income. Mere Frequency of the transactions in the shares did not determine the transaction to be business transaction or investment transaction.

Appellate order passed without reasons for conclusions Not Valid

April 8, 2015 1559 Views 0 comment Print

High Court Kolkatta held in CIT,TDS Vs Khadim Shoes Pvt Ltd that the order passed by the CIT(A) should contain reasons for its conclusions of decisions. An order without reasons is of no relevance. So the appeal had been dismissed.

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