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Judiciary

Deduction U/s. 80-IB(10) allowable to both owner & land developer

June 6, 2019 7074 Views 1 comment Print

Assessee who had contributed land and  engaged in the development of housing project with developer for development of the land was eligible for claiming deduction under section 80-IB(10) as both owner as well as developer were eligible for deduction under section 80-IB(10).

Non-compliance with Section 50 of the NDPS Act, 1985

June 6, 2019 10662 Views 0 comment Print

The Hon­­’ble High Court of Delhi vide Judgment dated 6th June, 2019 passed in Crl. A. No.660/2017 titled Sikodh Mahto vs. State and in  Crl No.698/2017 titled Prabhu  Mahto vs. State while quashing the order passed by Ld. Additional Sessions Judge, acquitted the appellants in case involving alleged seizure  of contraband (Charas weighing 2 Kg. each  from said appellants).

Penalty u/s 271AAA without addition to returned income unjustified

June 5, 2019 1617 Views 0 comment Print

Penalty under section 271AAA could not be imposed on assessee on the ground that assessee failed to substantiate the manner in which undisclosed income was derived in case assessee had included the same in his return of income and accepted by AO without making any addition to the returned income.

Advertisement Tax post GST imposed by Nagar Nigam is illegal: HC

June 5, 2019 5544 Views 0 comment Print

Demand of tax on advertisement from the petitioners after 1.7.2017 is held to be illegal and without jurisdiction. Notices of demand impugned in the petition are quashed and the amount, if any, of the advertisement tax deposited by the petitioners for the period 1.7.2017 onwards is directed to be refunded to the petitioners.

Addition u/s sec. 69A justified for bogus LTCG from penny stocks

June 5, 2019 4077 Views 0 comment Print

Assessee was not entitled to claim long term capital gain as exempt u/s 10(38) and the same was deemed to be income under section 69A as it was revealed that purchase and sale of shares were arranged transactions by assessee to create bogus profit in the garb of tax exempt long term capital gain by well organised network of entry providers with the sole motive to sell such entries to enable the beneficiary to account for the undisclosed income for a consideration or commission.

Revenue cannot raise a totally new basis of assessment in MA

June 4, 2019 1134 Views 0 comment Print

JCIT Vs Ms Flipkart India Private Limited (ITAT Bangalore) Learned DR was unable to explain the relevance of the documents now sought to be filed before us for deciding the issue that was for consideration before the AO. As we have already mentioned these documents were neither the basis of assessment or the basis of […]

Sec. 54 allowable on gain invested up to due date of filing revised ITR

June 4, 2019 6630 Views 0 comment Print

In the case before us was entitled to claim exemption u/s. 54 to the extent he had invested towards the purchase of the new residential property under consideration upto the date of filing of his revised return of income under Sec. 139(5) i. e. on 15. 11. 2014.

AAR cannot decide on whether member or Non member of Society will be at par

June 4, 2019 1965 Views 0 comment Print

In re Kabra Galaxy Star 3 Co-Op Housing Society (GST AAR Maharashtra) The question asked is, whether members of the society will be at par with the other individual flat owners who are not members. Section 97(2), which encompasses the questions, for the ruling by the AAR does not cover the question raised by the […]

No disallowance U/s. 14A in respect of dividend earned on shares held as stock

June 4, 2019 4176 Views 0 comment Print

HC arrived at a correct conclusion by setting aside the disallowance under section 14 A of the Act in respect of the dividend earned on the shares held as stock in trade, because such shares were held during the business activity of the assessee and it is only by a quirk of fate that when the investee company declared dividend, those shares were held by the assessee, though the assessee has to ultimately trade those shares by selling them to earn profits.

GST payable on contribution to DMF and NMET

June 4, 2019 4230 Views 0 comment Print

Determination of the liability to pay tax on contributions made to District Mineral Foundation (DMF) and National Mineral Exploration trust (NMET) as per MMDR Act, 1957.

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