Follow Us:

Judiciary

Keyman Insurance Policy Proceeds taxable on receipt basis

April 1, 2019 4077 Views 0 comment Print

The provisions of section 2(24)(xi) read with section 28(vi), it is evident that the amount of bonus on Keyman Insurance Policy is to be taxed on receipt basis only.

Seizure of Goods: HC order GST department to pass speaking order

April 1, 2019 1308 Views 0 comment Print

After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.2 to take a decision on the representation dated 13.3.2019 (Annexure P-10), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of one week from the date of receipt of the certified copy of the order.

Rectification application of assessee not to entertained in case assessee’s conduct was speculative

March 31, 2019 3237 Views 0 comment Print

PCIT Vs N. R. Portfolio (Delhi High Court) Conclusion: The conduct of the assessee was speculative, it was not an uninformed litigant; it calculatedly chose not to question the rejection of its cross objection. Instead, waited more than a year after the decision of this court (which was rendered on 21-12-2012) till the two members […]

Addition can be made without issuing notice u/s 153C separately in case both assessee and his brother lived in same building

March 31, 2019 1368 Views 0 comment Print

Where both searched assessees were brothers and were involved in the common business and assessee used to be in-charge of the accounts, there was no necessity of issuing notice under Section 153C separately to assessee in case they lived separately, but in the same building.

Exemption U/s. 54 cannot be disallowed just because exemption was claimed U/s. 54F

March 31, 2019 5127 Views 0 comment Print

Deduction under section 54 was allowable on purchase of flats as merely because assessee, by ignorance of law or mistake, had claimed deduction under section 54F instead of section 54, such ignorance of law/mistake on the part of assessee could not be utilized to its disadvantage by AO.

Special audit justified only if AO forms opinion that same is in interest of revenue

March 31, 2019 1950 Views 0 comment Print

Requirement of the formation of the opinion as to the special audit being in the interest of the Revenue continues to apply before and after the amendment. Nevertheless, the basic essential requirements of exercising the powers have been substantially widened by the legislature by way of such amendment.

Prosecution not to be launched in case matter was already pending before authorities

March 31, 2019 3477 Views 0 comment Print

No necessity for Department to have launched prosecution hurriedly when the case was pending before lower authorities as the law of limitation under Section 468 Cr.P.C. for criminal prosecution had been excluded by the Economic Offences (Inapplicability of Limitation) Act, 1974. 

Intention to exploit capital asset for business purpose shall be date of conversion of capital asset into stock-in-trade

March 31, 2019 1860 Views 0 comment Print

Date of conversion of capital asset into stock-in-trade shall be determined either on the basis of entry passed in the books of account of the assessee or the intention of the assessee to exploit the capital asset into stock-in-trade for its business purpose.

Assessee can claim business expense after SEBI approval to commence business

March 30, 2019 1752 Views 0 comment Print

DCIT  Vs PPFAS Asset Management Pvt. Ltd. (ITAT Mumbai) As SEBI approval mandatory is to commence business, assessee admissible to claim business expenses only after obtaining the necessary approval. Since commencement of business require SEBI approval, expenses claimed post approval would qualify as business expense. Facts – The assessee was incorporated on 08.08.2011 as a […]

Depreciation cannot be denied on block of assets in subsequent years

March 30, 2019 3651 Views 0 comment Print

Once an asset was part of the block of assets and depreciation was granted on that block, it could not be denied in its subsequent year on the ground that one of the assets was not used by assessee in some of years.

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