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Judiciary

Amount received pursuant to non-existing agreement is Deemed dividend U/s. 2(22)(e)

December 8, 2017 939 Views 0 comment Print

Amount received by assessee form a closely held company in the guise of an agreement having no existence in the eyes of law, was to be assessed as deemed dividend under section 2(22)(e) in assessee’s hands on account of his substantial shareholding.

Exemption u/s 54F cannot be denied merely for Property Purchase in wife name

December 8, 2017 22830 Views 1 comment Print

Merely for the reason that new residential house property has been purchased by assessee in wife name, same cannot be basis for denial of deduction claimed u/s 54F.

Penalty cannot be levied on suo-motto additional wealth declared in revised belated return

December 8, 2017 1086 Views 0 comment Print

Assessment order shows that it is only basing on the revised assessment, the assessment was completed. Only reason stated by the AO for initiation of penalty was that no revision could be made in case of belated filing of the original return of wealth.

Sec. 12AA Training in rock climbing, mountaineering, bag-packing, kayaking, sailing and rafting is educational activity

December 8, 2017 1329 Views 0 comment Print

Nandadevi Outdoor Leadership School Vs. DIT (Exemptions) (ITAT Delhi)  The assessee is engaged in the activities of rock climbing and mountaineering, bag-packing, kayaking, sailing and rafting. It says that it is one of the world‟s biggest outdoor skill trainer and its parent is headquartered in the USA. It offered courses in the Himalayan by instructing. […]

Google Case: ITAT Grants Conditional Stay on Income Tax Demand

December 8, 2017 1533 Views 0 comment Print

The present four stay petitions are filed by the assessee for the assessment years 2009-10 to 2012-13, seeking extension of the stay earlier granted by the Tribunal on various occasions. In this regard, it was pointed out by the Ld. AR that the assessee had made the following payments out of the total demand, for the assessment years 2009-10 to 2012-13

Tax Exemption to encourage Industrialization cannot be equated with Tax Refund

December 7, 2017 1347 Views 0 comment Print

Exemption from tax to encourage industrialization cannot be equated with refund of tax. They are two different legal and distinct concepts. An exemption is a concession allowed to a class or individual from general burden for valid and justifiable reason.

Sec 50C not applies to distress Sale of Land to Govt Company

December 7, 2017 8496 Views 0 comment Print

ITO Vs. Southern Steel Ltd. (ITAT Hyderabad) The moot point in this case is whether Sec. 5OC can be invoked when the purchaser is a government undertaking i.e, Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC). In the real estate business it is prevalent that the substantial part of the consideration is unaccounted. In order to […]

Depreciation @ 60% allowable on Software used for imparting training

December 7, 2017 6921 Views 0 comment Print

Where assessee developed various educational software/special courses for imparting education, then assessee was correct in claiming depreciation at 60 per cent treating same as software based on the facts that these were specially designed computer softwares

Expense on replacement of optic fibre cables on regular basis to retain existing Customers is revenue expense

December 6, 2017 4509 Views 0 comment Print

Contention of that assessee was that the traditional cable was cut and damaged by the rival cable network operators. The assessee therein had to necessarily replace the damaged part of the cables alone and not the entire cable by optical fibre cable for transmitting TV signals.

Abated assessments cannot be disturbed if no incriminating material found during search

December 6, 2017 5589 Views 0 comment Print

Legislature had conferred powers on AO to just follow assessments already concluded unless there is an incriminating material found in search to disturb concluded assessment.

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