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Judiciary

Genuineness of Share Transaction cannot be suspected merely for Irregularities of Share Broker

September 7, 2018 2184 Views 0 comment Print

The report given by BSE only shows that there may be some irregularities on the part of the share broker. In our view, such kind of irregularities, if any, committed by share broker cannot be a ground to suspect the genuineness of purchase and sale of shares undertaken by the assessee.

HC Imposes cost for Abuse of law by filing Multiple Proceedings on same issue

September 7, 2018 3426 Views 0 comment Print

M/s. Vibgyor Texotech Ltd. Vs Board of Directors State of Bank of India (Bombay High Court) Indisputedly, order dated 16.3.2017 passed by the District Magistrate under Section 14 has attained the finality and has been executed. The Petitioner herein has not challenged the order dated 16.3.2017 either by filing an application under Section 17 of […]

Taxability of Capital gains- On Execution of agreement of sale or sale deed?

September 7, 2018 17553 Views 1 comment Print

 Maniar Injectoplast Pvt. Ltd. Vs. ITO (ITAT Mumbai) It was specifically mentioned in the agreement of sale assessee was to make out a clear and marketable title to plot of land, free of all encumbrances, to the satisfaction of the purchaser’s advocate and after fulfilling the other conditions it would execute and register a deed […]

Wrong Name on Assessment Order of non existent Company can’t be cured by section 292B

September 7, 2018 1626 Views 0 comment Print

ACIT  Vs M/s. Mahagun Realtors (P) Ltd, (ITAT Delhi) AO has passed the assessment order u/s 153A of the Act in case of Mahagun Realtors Pvt. Ltd (represented by Mahagun India Pvt. Ltd after amalgamation) despite the fact that the above company has merged with Mahagun India Pvt. Ltd by the order of the Hon’ble […]

Section 54 Exemption when Agreement to sell old property and investment in new residential property within one year

September 7, 2018 6987 Views 0 comment Print

Agreement to sell old property and investment in new residential property within one year, whether to be claimed as exemption under section 54.

Input Tax Credit not admissible in respect of GST paid for hotel stay

September 7, 2018 102723 Views 1 comment Print

In re Posco India Pune Processing Center Private Limited (GST AAR Maharastra) Q.1. Whether Input Tax Credit is admissible in respect of GST paid for hotel stay in case of rent free hotel accommodation provided to General Manager and Managing Director of the company? Answer:- Answered in the negative. Q 2. Whether invoice for quality claim […]

Estimation of NP: Separate addition for creditors & Loan cannot be done

September 7, 2018 1734 Views 0 comment Print

Shrinet & Shandilya Construction (P) Ltd. Vs Addl. CIT & DCIT (ITAT Delhi) Once the trading results and books of accounts have been rejected and income is being estimated by applying net profit rate on the declared gross contract receipt, then no other addition is required to be made on account of any other trading […]

No penalty on surrendered amount in revised Income Tax return

September 7, 2018 2514 Views 0 comment Print

Since assessee had included the surrendered amount in its revised return and no such concealment or non-disclosure was made as assessee had made a complete disclosure of income in its revised return. Therefore, no penalty under section 271(1)(c) could be levied.

Wharfage Charges is not Rent: TDS not deductible U/s. 194I

September 6, 2018 8094 Views 0 comment Print

M/s. MCC PTA India Corp. Pvt. Ltd. Vs ACIT (ITAT Kolkata) Section 35 of Major Ports Act 1963 empowers the Board to execute works providing appliances which includes wharves, quays, docks, stages, jetties, piers and other works within or without the port limits and also moorings and cranes, scales and all other necessary needs and […]

SC clarifies Retirement Age of ITAT President and Members

September 6, 2018 2853 Views 0 comment Print

We make it clear that the person selected as Member of the ITAT will continue till the age of 62 years and the person holding the post of President, shall continue till the age of 65 years.

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