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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


Disallowance u/s 14A cannot be made on ad-hoc basis

October 3, 2015 1554 Views 0 comment Print

ITAT Kolkatta held in Swew Benefit Company Vs DCIT that for disallowing expenses u/s 14A i.e expense incurred for non-taxable income, there had to be some logical strong basis like rule 8D or something else but it could not be disallowed on ad-hoc basis.

Revision of return u/s 139(5) is not required when undisputed apparent mistake is there in ROI

October 3, 2015 807 Views 0 comment Print

ITAT Ahmedabad held in ACIT Vs Amrapali Capital & Financial services Ltd that if the assessee had by mistake wrongly computed its computation of income because of unawareness of the law and he had not revised it return within the time mentioned u/s 139(5)

Commitment by lawyer without express consent of client will not bind the client : SC

September 20, 2015 11810 Views 0 comment Print

Supreme Court held in Himalayan Cooperative Group Housing Society Vs Balwan Singh that the lawyers owe fiduciary duties to their clients, so they should act with the express consent of clients. Lawyers should not make any commitment without the consent of their clients and any commitment

Bonafide mistake in Disclosure of income under wrong head – No penalty u/s 271(1)( c)

September 20, 2015 6155 Views 0 comment Print

ITAT New Delhi held in Simran Singh Gambhir Vs DDIT International Taxation that if the assessee had disclosed the income by mistake under wrong head of income and that mistake was bonafide then the same could not be treated as an undisclosed income and penalty u/s 271(1)( C) could not be levied.

Wrongly disclosed income does not mean undisclosed income, penalty u/s 271(1)(c) cannot be levied.

September 20, 2015 1523 Views 0 comment Print

New Delhi court held in PR. CIT Vs Control and Switch gear Contractors Ltd that if the assessee had disclosed the income in its return of income though wrongly disclosed it did not mean that the assessee had tried to hide its income so that wrongly disclosed income could not be considered as an undisclosed income and penalty u/s 271(1)( C) could not be levied.

2nd proviso to sec 40(a)(ia) inserted in FA ,2012 have retrospective effect from 01-04-2005

September 20, 2015 2130 Views 0 comment Print

The High Court of New Delhi has held in case of CIT-1 Vs Ansal Landmark Township P Ltd that second proviso to sec 40(a)(ia) will have retrospective effect from 01-04-2005 which means that if the assessee had forgot to deduct the TDS on payment

sec 263 can be invoked If assessment has been done without examinations/inquiry

September 6, 2015 748 Views 0 comment Print

ITAT Delhi held in Ambience Hotel & Resort Pvt. Vs CIT that if the AO had done his assessment ignoring the provisions of the IT act and TPA and ignoring the examinations/inquiry then that assessment was erroneous

NO TDS on payment of Interest by co-operative society to its Members

September 6, 2015 2423 Views 0 comment Print

ITAT held in Almora Urban Co-operative Bank Ltd Vs ITO that TDS was not required to be deducted when co-operative society pays interest to its members as per sec 194A(3).

Hundi discounting charges to carry on business is revenue expenses

September 6, 2015 4679 Views 0 comment Print

Delhi High Court held in CIT Vs DLF Universal Ltd held that If assessee got hundi from its suppliers and get it discounted from the bank ,then the discounting charges paid by the assessee would be treated as a revenue expense;

Penalty u/s 271D & 271E for raising & repayment of loans in cash cannot be imposed if sufficient reasonable cause exist

September 6, 2015 2753 Views 0 comment Print

ITAT held in Envogue Wood Working Pvt Ltd Vs ACIT that if the assessee had taken and repaid the loan in cash and provided the sufficient reasonable cause of doing such then penalty u/s 271D & 271E would not be imposed.

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