Follow Us:

Judiciary

Capital Gain on Sale of Shares cannot be treated as Income from other Sources on mere Surmises

June 24, 2020 2370 Views 0 comment Print

New Delhi Television Ltd Vs ACIT (ITAT Delhi) On examination of the facts it is apparent that assessee has sold shares which were purchased by it before 13 months of a company and subsequently sold at substantially higher price to the associate concern of the assessee and disclosed the same as capital gain. It is […]

Guarantee Fee cannot be treated as Interest- India-Netherlands DTAA

June 24, 2020 5295 Views 0 comment Print

Lease Plan India Pvt. Ltd. Vs DCIT (ITAT Delhi) In the present case apparently, AE has not provided any capital to the appellant on which income is earned. It is a corporate guarantee , being a surety to the lender bank of the appellant that, if in a case, in future, the appellant fails to […]

Transitional ITC Credit on stock claimable within three years: HC

June 24, 2020 1146 Views 0 comment Print

Whether the petitioner is entitled to get an opportunity to file the declaration in CGST TRAN –2 in order to be allowed to take transitional Credit on account of inputs held in stock as on the appointed date?

Section 115BBE(2) not applicable to Assessment Year 2012-13

June 24, 2020 5220 Views 0 comment Print

ACIT Vs A One Enclave (ITAT Indore) At any stage revenue has not disputed the fact that the alleged amount surrendered during the survey was unaccounted business income of the assessee and not from any other sources. Section 11 5BBE of the Act was inserted by Finance Act, 2012 w.e.f. 1.4.2013 which restricts the claim […]

No Deemed Dividend on Business transactions via current A/c

June 24, 2020 7002 Views 0 comment Print

Transactions carried out through current account for business purposes would not fall within the definition of Deemed Dividend.  Therefore provisions of Section 2(22)(e) of the I.T. Act, 1961, would not apply.

Amendment to Section 40(a)(ia) restricting disallowance to 30% is retrospective

June 24, 2020 9117 Views 1 comment Print

Muradul Haque Vs ITO (ITAT Delhi) Finance (No.2) Act has made amendment to section 40(a)(ia) of the Act w.e.f. 01.04.2015. Various benches of the Tribunals including the Delhi Benches of the Tribunal, have held the amendment made by Finance (No 2) Act to be curative in nature. We further finds the coordinate bench of the […]

Section 234E late fees leviable despite existence of reasonable cause

June 24, 2020 4668 Views 0 comment Print

Government Secondary School Principal Officer Vs ACIT (ITAT Jaipur) The issue under consideration is whether the late filing fees u/s 234E can be deleted if there is a ‘reasonable cause’ for such default? In the present case, the assessee is the Principal of Secondary School and responsible for deducting tax at source, depositing the same […]

If Interest Free Funds available it presumed that Investments made from that Available Funds

June 24, 2020 1167 Views 0 comment Print

Whether the disallowance of Interest u/s 36(1)(iii) is justified in law? If interest free funds available it presumed that Investments made from that available funds.

Penalty cannot be levied for making a claim which may be erroneous or wrong

June 24, 2020 5190 Views 0 comment Print

The issue under consideration is whether the levy of penalty u/s.271(1)(c) of the Act is justified in law for for making a claim which may be erroneous or wrong ?

Set off of Brought Forward Losses of Merged Division in Revised Return allowed by ITAT

June 24, 2020 7059 Views 0 comment Print

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) The issue under consideration is whether the set off of brought forward losses and unabsorbed depreciation of merged division in revised return is justified in law?  In present case, the assessee Company had filed the original return of income on 28.09.2010 showing total income […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031