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Judiciary

No S. 12AA Registration cancellation for non-start of charitable or religious activity

September 30, 2017 2430 Views 0 comment Print

Registration U/s. 12AA cannot be cancelled on the ground that trust has not yet commenced charitable or religious activity- CIT vs. Shreedhar Sewa Trust (Allahabad High Court)

Deduction u/s 54F on more than one residential flats received by virtue of a development agreement is allowable

September 29, 2017 4599 Views 0 comment Print

Assessee was entitled to deduction u/s 54F of the Act in respect of more than one residential flats received by virtue of a development agreement. We find that this issue is now fairly covered by the decision of various High Courts in favour of the assessee.

AO can not make addition for Bogus Purchase U/s. 69C if all purchase / sales transactions are part of regular books

September 28, 2017 10464 Views 0 comment Print

If the AO has not rejected the books of accounts and has only doubted the genuineness of the suppliers but not the genuineness of the purchases and if the payments are made by account payee cheques, s. 69C is not attracted. S. 69C cannot be applied where all purchase and sales transactions are part of regular books of accounts. The basic precondition for invoking s. 69C is that the expenditure incurred by the assessee should be out of books of accounts

Section 54/ 54F benefit cannot be denied for mere non registration of sale deed

September 28, 2017 8148 Views 1 comment Print

On the facts and circumstances of the case the Assessing Officer has erred in computing long term capital gain at Rs. 99,57,265/-. 2. That the Commissioner (Appeals) is wrong in not granting exemption under section 54 and 54F of the Income Tax Act on the amount invested for the purchase of residential plot and deposits made under capital gain in the Bank.

SC on Taxability of Interim Enhanced compensation & interest received

September 28, 2017 8169 Views 0 comment Print

In the present appeals, the only question that arises for consideration is as to whether the respondents-assessees who have received some amount of enhanced compensation as also interest thereon under an interim order passed by the High Court in pending appeals relating to land acquisition matter are liable to be assessed for income tax in the year in which it has been received or not.

Section 132A: SC on Disclosure of ‘reason to believe’ or ‘reason to suspect’

September 28, 2017 4761 Views 0 comment Print

The present appeal arises out of the order dated 23rd February, 2007 in ITA No.236/2007 passed by the Delhi High Court whereby the High Court has held that no substantial question of law arose for its consideration and it was merely a matter decided on the evidence on record.

Delhi HC issues guidelines in matters of reopening of assessments (Also Read SC Order)

September 28, 2017 3621 Views 0 comment Print

The Petitioner seeks the quashing of a notice dated 20th March, 2015 issued under Section 148 of the Income Tax Act (Act) by the Assistant Commissioner of Income Tax (hereinafter Assessing Officer AO) and the order dated 1st February, 2016 passed by the AO disposing of the objections filed by the Petitioner to the said notice.

Section 50C not applies if Assessee invests entire sale consideration in new house property U/s. 54F

September 28, 2017 5043 Views 0 comment Print

Provision of section 50C(1) of the Act are not applicable to section 54F for the purpose of determining the meaning of full value of consideration.

Cenvat Credit on input Services at Job Workers premises

September 28, 2017 3093 Views 0 comment Print

Larsen & Toubro Ltd. Vs CCE (CESTAT Mumbai) This is an appeal has been filed by the appellants against denial of credit of service tax in respect of services provided to their job workers while doing their job work. 2. Ld. Counsel for the appellants argued that they were operating in Rule 4(5) of Cenvat […]

Section 54 not prescribe any condition vis-a-vis commencement of construction

September 28, 2017 1449 Views 0 comment Print

The only limitation prescribed by section 54 is that construction of new house ought to have been completed within a period of three years and said section does not prescribe any condition vis-a-vis the commencement of construction, therefore, assessee was entitled to deduction under section 54 even in respect of amount invested prior to the date of transfer of original asset.

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