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Judiciary

Acquisition of flat in under construction building should be considered as Construction and not Purchase

January 1, 2018 5055 Views 1 comment Print

Booking of flat in an apartment under construction must also be viewed as a method of constructing residential tenements. Commencement of construction is not relevant for the purpose of sec. 54 and it is only the completion of construction.

Railways not liable to take permission for Advertisement Hoardings erected on its land and also not liable to Advertisement Tax: HC

January 1, 2018 3603 Views 0 comment Print

Railway not require permission of Municipal Corporation for erecting Advertisement Hoarding on its land and Municipal Corporation not entitled to levy advertisement tax on the advertisements displayed on the hoardings erected on the land of the railways

Re-assessment proceedings quashed as there was no nexus between reasons recorded and addition made

January 1, 2018 2526 Views 0 comment Print

Delhi ITAT has in the case of Krishan Kumar v/s ITO in ITA No. 3985/Del/2017 has quashed the reassessment proceedings as there was no nexus between reasons recorded and addition made.

Depreciation on assets allowable to trust despite treatment of same as Income Application : SC

December 31, 2017 27750 Views 0 comment Print

Assessing Officer view in disallowing the depreciation which was claimed under Section 32 of the Act was that once the capital expenditure is treated as application of income for charitable purposes, the assessees had virtually enjoyed a 100 per cent write off of the cost of assets and, therefore, the grant of depreciation would amount to giving double benefit to the assessee.

Depreciation cannot be denied for Breakdown & Technical Snags during Trial runs of Machineries

December 31, 2017 1620 Views 0 comment Print

Once plant commences operation and even if product is substantial and not marketable, the business can said to have been set up. Mere breakdown of machinery or technical snags that may have developed after the trial run which had interrupted the continuation of further production for a period of time cannot be held ground to deprive the assessee of the benefit of depreciation claimed.

Transfer u/s 2(47)(v) in case of Development Agreement completes when complete control over property passed on to developer

December 30, 2017 1899 Views 0 comment Print

Heard the learned counsel appearing for the appellant. The challenge is to the judgement and order passed by the Income Tax Appellate Tribunal, Pune Bench A at Pune (for short Appellate Tribunal) on 30th April, 2014. The substantial questions of law which are placed into service are the questions which reads thus:­

When company not started its core activity, it cannot be construed that it had commenced its business

December 29, 2017 3918 Views 0 comment Print

Hyderabad Metro Rail Ltd.: when company not started its core activity, it cannot be construed that it had commenced its business and the income shown in the P&L A/c is not generated from the business activity of the assessee, rules ITAT, Hyderabad.

Franchise fee paid by KKR to BCCI-IPL is revenue expenditure

December 29, 2017 4425 Views 0 comment Print

Payment of Franchise Fee by Kolkata Knight Riders to the Board of Control for Cricket in India (BCCI) would constitute revenue expenditure for the purpose of allowing Income tax deduction, said Mumbai ITAT.

Bogus LTCG from Penny stocks- ITAT Confirms Addition for failure to explain Jump in Price

December 29, 2017 14271 Views 0 comment Print

By this income tax appeal, the appellant ­assessee challenges the orders of the Assessing Officer, the Commissioner of Income Tax as also the Income Tax Appellate Tribunal holding that the assessee had traded in shares and the income was liable to be taxed as business income.

Retraction of statement after inordinate delay looses its significance

December 29, 2017 3315 Views 0 comment Print

Retraction of statement after inordinate delay without proving that same was obtained forcefully/by coercion/undue influence is clearly an after-thought and looses its significance.

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