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Judiciary

AO cannot ask for even 20% of Disputed Tax till disposal of appeal by CIT-A

October 28, 2018 18906 Views 0 comment Print

Bhupendra Murji Shah Vs. DCIT (Bombay High Court) We are not concerned here with the Circular of the Central Board of Direct Taxes. We are not concerned here also with the power conferred in the Assessing Officer of collection and recovery by coercive means. All that we are worried about is the understanding of this […]

Assessment reopened merely based on details already on record is invalid

October 28, 2018 1626 Views 0 comment Print

There was no new tangible material evidence brought on record by AO. Assessment was reopened only on the basis of details available on record and wrongly interpreted by AO.

HC releases goods seized for writing wrong Tax Invoice No. on E-way Bill

October 27, 2018 2208 Views 0 comment Print

Incorrectly mentioning the number of tax invoices as tax invoice number on E-way Bill- Prima facie, there seems no discrepancy in E-way Bill attracting seizure of goods. Goods directed to be released without insisting for a deposit of any amount and furnishing security as GST already paid on goods. 

Addition justified for unexplained deposits in undeclared bank account

October 26, 2018 1269 Views 0 comment Print

Since the bank account in which assessee made huge cash deposits found during the course of search was not declared by assessee and assessee had not filed return for the year under consideration, therefore, the same constituted seized material so as to invoke section 153C in assessee’s case.

If no cash involved in share allotment than unexplained cash credit provisions not attracted

October 26, 2018 2235 Views 0 comment Print

M/s.V.R.Global Energy Pvt. Ltd. Vs ITO (Madras High Court) When there was no cash involved in the transaction of allotment of shares, provisions of Section 68 of the said Act treating it as unexplained cash credit are not attracted. Learned counsel for the appellant assessee emphatically argued that inasmuch as the source of credit in […]

Travel expenses for seminar conducted abroad for medical practitioners with financial aid of Pharmaceuticals Company allowable

October 26, 2018 2511 Views 0 comment Print

Travelling expenses incurred on seminar conducted in abroad by assessee-company with the financial aid of the pharmaceuticals company was justified as the same did not give any scope to treat the same for the purpose other than the business of assessee-company so far it related to the medical practitioners.

S. 50C Addition without reference to Valuation Officer not justified

October 26, 2018 4848 Views 0 comment Print

Jayashree Kothari Vs ITO (ITAT Hyderabad) Sec. 50C(2) enables the Assessing Officer to make a reference to the Valuation Officer. Whenever a reference is made by the AO to the Valuation Officer, such reference has to be construed as a reference made under sec. 16A(1) of the Wealth-tax Act. We have also carefully gone through […]

AO cannot disallow Sum credit in books under Section 68

October 26, 2018 2682 Views 0 comment Print

The issue under consideration is whether the addition made by AO u/s 68 of Income tax Act, 1961 is justified in law?

Can writ petition be dismissed on the sole ground that appellant had a right of reply to show cause notice

October 26, 2018 2538 Views 0 comment Print

The short question in this appeal is whether the writ petition ought to have been dismissed on the sole ground that the appellant had a right of reply to the show cause notice. The answer to the aforesaid question has to be in the negative, for the reasons discussed hereinbelow.

Section 54 / 2(47): Unregistered agreement creates a right in favour of buyer

October 26, 2018 13536 Views 0 comment Print

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata) in the light of the definition of ‘transfer’ as defined u/s. 2(47) of the Act it is clear that when any right in respect of any capital assets is extinguished and that right is transferred to someone, it would amount to transfer of a capital asset. In the light […]

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