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Judiciary

Deemed dividend if Lender and borrower have common shareholder?

April 7, 2019 1563 Views 0 comment Print

CIT Vs Ms. Mustang Leather Pvt. Ltd. (Allahabad High Court) A deemed dividend could only have been assessed in the hands of a person who is shareholder of the lender company and not in the hands of the borrowing concern in which such shareholder is a member or partner having substantial interest. Admittedly, in the […]

Reference to DVO when assessee relied on estimate made by Registered Valuer

April 7, 2019 1248 Views 0 comment Print

Pr. CIT Vs Late Shantaben P. Patel (Gujarat High Court) In this case Since assessee had relied on the estimate made by the Registered Valuer for the purpose of supporting its value of the asset, any such situation would be governed by clause (a) of section 55A and AO could not have resorted to clause […]

Provision for warranty made on scientific basis is allowable

April 7, 2019 3318 Views 0 comment Print

Grundfos Pumpas India case: Where the provision was made on a scientific basis and not on an adhoc estimate, deduction in respect of provision for warranty was allowed

Non-Competent Fee from sale of Business Asset taxable as LTCG

April 6, 2019 987 Views 0 comment Print

Pr. CIT Vs M/s. Monsanto India Ltd. (Bombay High Court) Tribunal recorded that the Non ­Compete Agreement was part of the agreement for the sale of the business. Under this Agreement, the Assessee could be seen to have transferred the right to manufacture the product in question. The Tribunal, therefore, was of the opinion that […]

Reassessment order passed without disposal of objections raised by assessee is invalid

April 6, 2019 1485 Views 0 comment Print

Reassessment order passed without disposal of objections raised by assessee by passing a speaking order by AO was illegal and invalid.

Income from Letting out space on terrace of building to mobile companies is Income from house property

April 6, 2019 3780 Views 1 comment Print

Kohinoor Industrial Premises Co– operative Society Ltd. Vs ITO (ITAT Mumbai) Undisputedly, the assessee has derived rental income from letting out space in the terrace of the building to mobile companies for installing their mobile tower / antenna. It is also a fact that the assessee has offered such rental income as income from house […]

ITAT condemns cavalier & naïve approach of Income Tax Dept.

April 6, 2019 825 Views 0 comment Print

ITO Vs Ms. Rayoman Carriers Pvt. Ltd. (ITAT Mumbai) The insinuation of revenue that ITAT passes order in a state of oblivion to the facts and antecedents to the appeal, displays a totally irresponsible and cavalier approach on the part of Revenue on the cusp of contempt and deserving exemplary cost to purge the same. […]

Without doubting sales 100% disallowance for Bogus Purchases cannot be made

April 6, 2019 3417 Views 0 comment Print

ITO Vs M/s. Dinal Diamonds (ITAT Mumbai) We find that in this case the sales have not been doubted. It is settled law that when sales are not doubted, 100% disallowance for bogus purchase cannot be done. The rationale being no sales is possible without actual purchases. This proposition is supported from the Hon’ble jurisdictional […]

Cancellation of F Forms issued to Petitioner by dealers: HC Grants interim stay

April 6, 2019 2160 Views 0 comment Print

Sheel Chand Agroils (P) Ltd. Vs Government of NCT of Delhi & Anr. (Delhi High Court) Rule 8A of the CST Delhi Rules makes the issuance of manual forms redundant. All forms now are generated electronically through the website of the DTT and qua particular transactions/suppliers. He accordingly submits that there was no occasion for […]

Deduction U/s. 80IB(10) cannot be denied merely because Assessee developer being not the owner of land

April 6, 2019 1014 Views 0 comment Print

Pr. CIT Vs Green Associates (Gujarat High Court) Assessee had claimed deduction in respect to the income arising out of such activity under section 80IB (10) of the Income Tax Act. The Assessing Officer disallowed the claim mainly on the ground that the assessee was not the owner of the land and the approval of […]

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