Sponsored
    Follow Us:

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 10756 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 1612 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 1264 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 1186 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 997 Views 0 comment Print


If remand report given by AO is without any adverse comments then appeal of revenue would be dismissed

July 29, 2015 7238 Views 0 comment Print

ITAT held that CIT(A) had made detailed observations on the remand report of the AO who also in his report had not questioned any of the submissions made by assessee and in fact also had not made any adverse comments on the same.

Transfer Pricing- Companies having abnormal cost cannot be taken as comparable

July 29, 2015 1321 Views 0 comment Print

Assessee had reduced its operating expenses to calculate ratio of operating profit/Total cost which was the base to calculate the value of export of goods in transfer pricing on the basis that it was its first year of operation

In transfer pricing 2 companies can be compared only if they are functionally comparable

July 29, 2015 1576 Views 0 comment Print

Assessee was engaged in the field of providing insurance & Human Resources services to its associated enterprise in UK. The Ld. AO /TPO made an addition to the income of the assessee by comparing the income of the assessee with the income of the comparable companies

Provisions of Rule 8D applicable from A.Y. 2008-09 and is not retrospective

July 29, 2015 953 Views 0 comment Print

AO had disallowed the expenses u/s 14A by applying the rule 8D for the A.Y 07-08 but the assessee argued and gave the supporting of the decided case law by Hon’ble High Court in its own decision in which it was decided that the sec 14A would be applicable from A.Y 08-09

Interest earned on idle funds raised through share capital for project establishment is capital receipt

July 29, 2015 5994 Views 0 comment Print

ITAT Delhi has held in the case of ITO vs. M/s Factor Power Ltd that Interest Earned on Fund Raised Through Share Capital for installation of thermal power plant , which is been deposited temporarily in bank as fund were lying idle, with a motive to reduce the capital cost of thermal power plant

Loss from Forex Derivative trading upto export turnover is business loss & not speculative loss

July 24, 2015 1126 Views 0 comment Print

In the case of M/s. Majestic Exports vs. JCIT, ITAT Chennai held that the loss in the transactions of the forex derivatives contracts will be considered to be the business loss and the same can be set off against the business income.

Transfer u/s 2(47) completes only when conditions of sec 53A of transfer of property act gets fulfilled

July 22, 2015 3125 Views 0 comment Print

ITAT held that Section 53A of 1882 Act, by incorporation, stood embodied in section 2(47)(v) of the Act and all the essential ingredients of Section 53A of 1882 Act were required to be fulfilled to attract sec 2(47). In the absence of registration of JDA

TDS Provision on Year end provisions and Roaming charges

July 20, 2015 8543 Views 0 comment Print

ITAT Chennai has held in In the case of Dishnet Wireless Limited vs. DCIT that No liability of TDS will arise if the amount of expense or payee is not ascertainable though year-end provisions are made by the Appellant.

Reassessment u/s 147 not permitted for failure of AO to draw correct inference from details disclosed by assesse

July 15, 2015 591 Views 0 comment Print

Punjab & Haryana High Court held in CIT(A) Vs M/s ITW India Limited that mere change in opinion of the AO could not amount to issue of notice for re-assessment u/s 147. AO should had reasonable tangible facts in hand before issuing notice u/s 147.

No Disallowance for non-deduction of TDS if payee includes the same amount in his ITR and paid taxes on the same

July 12, 2015 8075 Views 0 comment Print

The assessee had made payment to the labour contractors without deducting TDS on the same and claimed the same as an expense in his profit & Loss account. AO disallowed the same as per sec 40(a)(ia) for non-deduction of TDS.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031