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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 11089 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 1654 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 1297 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 1219 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 1033 Views 0 comment Print


Only operational income related with main business activity of assessee will qualify for deduction u/s 80HHC

August 30, 2015 384 Views 0 comment Print

Madras High Court held in CIT Vs Funskool (I) Ltd (Madras High Court) that for calculating the cost of the finished product the process of designing or stickering which had been used to design or give a final look to the finished product

MAT credit should be adjusted in priority to other credit of taxes like TDS, advance tax or other taxes

August 30, 2015 4049 Views 0 comment Print

Madras High Court in the case of CIT Vs M/s Ambattur Clothing Limited held that for calculating the assessed tax priority has to be given to adjust the MAT credit then TDS and advance tax would be adjusted by relying on the decision of Supreme Court

Penalty u/s 271(1)(c) leviable for failure to prove genuineness of exemption u/s 54

August 17, 2015 1877 Views 0 comment Print

Punjab & Haryana High Court held in Manpreet Kaur vs CIT that if the assesse had claimed exemption u/s 54 for utilizing the sales proceeds in the construction of the residential house then the onus to prove that the sales proceeds had actually been used in the construction of residential house in on assesse.

ITAT referred case back to lower authorities as pre-requisite condition of DTAA is not ascertained

August 12, 2015 886 Views 0 comment Print

In the present case services were provided by the non-resident individuals so article 15 was applicable but the pre-requisite condition that the each non-resident individual had to be present in India for more than 90 days which was not ascertained.

Lessee can claim depreciation if entire control & rights of building are with him

August 12, 2015 3086 Views 0 comment Print

Delhi High Court has in the case of CIT Vs M/s Bharat Hotels held that If appellant Leasee is having entire control over the building than even though no ownership rights vest him, still he can claim depreciation on the same.

If creditors are found bogus then addition can be made u/s 68 or u/s 41(1)

August 12, 2015 1733 Views 0 comment Print

ITAT Delhi has held in the case of Perfect Paradise Emporium Pvt. Ltd vs. ITO that If creditors are found bogus then the amount can be added back to income u/s 68 as unexplained cash credits or us 41(1) as business income.

Claim cannot be denied for mere non-reply to notice u/s 133(6) if AO have other sufficient evidences

August 12, 2015 11252 Views 0 comment Print

Claim cannot be denied if sufficient documents are in hand of AO even though the party does not reply to notice issued u/s 133(6); (even though the party confirmation is not available against notice issued u/s 133(6)).

Reasoned speaking order is mandatory for passing any judicial order

August 11, 2015 4809 Views 0 comment Print

Punjab & Haryana High Court held in CIT(A) Vs M/s Rashtriya Vikas party that for passing any order reasons for conclusions should be given accompanying that order then only that order would be considered as complete order.

Conditions to avail deduction u/s 80IB should be fulfilled only in initial A.Y not in every 10 years of deduction

July 30, 2015 2024 Views 0 comment Print

Punjab & Haryana High Court held in CIT Vs M/s Sunder Forging that to claim the deduction u/s 80IB for consecutive 10 years all the relevant conditions should be required to be fulfilled only in the initial assessment year

Registration u/s 12AA cannot be denied to an educational institute merely because it’s is been run by Christian community

July 30, 2015 695 Views 0 comment Print

Punjab & Haryana High Court held in Alexandera School Vs CIT, Amritsar that if an educational institute had been run by a particular section of community then registration u/s 12AA could not be denied provided it was running to benefit all sections of society.

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