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Judiciary

Transfer of property to daughter through sale deed cannot be treated as gift

November 8, 2017 4776 Views 0 comment Print

Assessee has contended that the impugned property had been transferred to her daughter as a gift and therefore charging Long Term Capital Gains applying provisions of Section 50C is bad in law. In its written submission on behalf of the assessee, the learned Authorised Representative of the assessee has contended that the intention of the […]

Addition U/s. 68 justified for failure to establish genuineness of cash contributions and capacity of creditors

November 8, 2017 1662 Views 0 comment Print

Detailed investigations carried out by the assessing officer establish the position that the contributors to share capital were persons of insignificant means and their credit worthiness to have made the contributions has not been established.

Wealth Tax not payable on Cash Balance generated out of Cash Sales

November 8, 2017 3717 Views 0 comment Print

Cash in hand referred to in Section 2(ea)(vi) of the Act represents only the personal cash of the assessee emanating from his personal balance sheet. It nowhere contemplated the inclusion of cash which is held as business asset.

Reassessment for mere cash deposit info received through AIR is invalid

November 7, 2017 15069 Views 0 comment Print

Revised grounds of appeal were filed by the assessee, which are placed on record. Amongst various grounds of appeal taken by the assessee, main grievance and issue raised by the assessee-appellant before this Tribunal relates to validity of the proceedings under section 148 of the Income-tax Act, 1961

Preservation of Environment is charitable Activity eligible for Sec. 11(1)(a) exemption

November 7, 2017 7074 Views 0 comment Print

Ahmedabad bench of the ITAT observed that the activities of the Gujarat Environment Service Society are charitable in nature. The main issue before the Tribunal was that whether the assesse is entitled for benefit of section 11(1)(a) of the Income Tax Act, 1961 or not. Section 11(1)(a) is about exemptions related to charity.

Google Case: No stay on demand on the ground of Appeal Filing

November 7, 2017 2175 Views 0 comment Print

M/s. Google India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The present stay petition is filed seeking further extension of the stay of demand. Admittedly there is change of the circumstances from the first stay order, since this Tribunal had disposed of the appeal involving identical issue for earlier years against the assessee. Therefore, the principle […]

Tribunal bound to consider alternative claim to grant benefit U/s. 10A when Appellant was denied exemption u/s. 10B

November 7, 2017 1083 Views 0 comment Print

CIT Vs. Ms Flytxt Technology P. Ltd. (Kerala High Court) Admittedly, the assessee initially claimed the benefit of Section 10B which was allowed by the Assessing Officer. Only when the Commissioner was seized of the proceedings under Section 263, the assessee raised an alternative claim for the benefit of Section 10A. The Commissioner did not […]

Allahabad HC stays CESTAT Notification on transfer of appeals

November 7, 2017 2505 Views 0 comment Print

Allahabad High Court on an application filed by CESTAT Bar Associationhas stayed the operation of the Notification dated 10-10-2017 providing for transfer of appeals from CESTAT Regional benches to the CESTAT bench at Delhi with the consent of the parties on the plea that such notification is without authority of law as the CESTAT cannot change the jurisdiction which is already carved out by the Union Cabinet and moreover, consent of parties does not confer jurisdiction.

Addition based on mere print out from third party computer not sustainable

November 7, 2017 2994 Views 0 comment Print

Addition made on the basis of a print out taken from the computer of a third party without there being no other corroborative evidence brought on record to prove the fact that the payment mentioned in the seized material was actually received by the assessee, not sustainable.

TNGST Act, 1959: Routers, Hubs & Switches are Computer Peripherals attracting 4% Sales Tax

November 6, 2017 3213 Views 0 comment Print

Heard Mr.P. Rajkumar, the learned counsel appearing for the petitioner and Mr.K.Venkatesh, the learned Government Advocate for the respondents.

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