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Judiciary

Addition for unexplained cash deposits justified if explanation furnished by assessee not verifiable

September 6, 2017 5175 Views 0 comment Print

AO was justified in making addition under section 68 on account of unexplained cash deposits found in bank account in case having regard to the human probabilities and normal course of human conduct, explanation offered by assessee was not wholesome, credible and verifiable.

Suspension of powers of Board of Directors under IBC, Bane or Boon?

September 6, 2017 7149 Views 1 comment Print

According to us, once an insolvency professional is appointed to manage the company, the erstwhile directors who are no longer in management, obviously cannot maintain an appeal on behalf of the company.

RTI hints Fraud in note exchange at Delhi Post Office Branches: CIC Orders Inquiry

September 4, 2017 942 Views 0 comment Print

The appellant sought to know: a) how many persons exchanged old notes for new notes at Pinto Park branch and also in 3 Wing Branch of Post Office in Air Force area, during the period 08.11.2016 to 25.11.2016 after demonetization; b) total amount of new currency issued for the period 08.11.2016 to 01.12.2016 from both the post offices; c) how many individuals exchanged the currency notes by producing their respective ID cards for the period 08.11.2016 to 01.12.2016 and sought addresses of all such individuals.

Original Assessment annulled due to failure to issue notice U/s. 143(3)- Reassessment not permissible to rectify the mistake

September 4, 2017 2109 Views 0 comment Print

Where CIT (A) had annulled original scrutiny assessment concluded under section 143(3) on the legal ground that notice issued under section 143(2) was time-barred, then revenue was precluded to adopt recourse of reassessment under section 147 to correct the mistake committed originally in not issuing notice under section 143(2) in time.

No disallowance U/s. 40A(3) If Income computed by applying gross profit rate

September 4, 2017 2121 Views 0 comment Print

When income of the assessee was computed by applying gross profit rate, there was no need to look into the provisions of section 40A(3), as applying the gross profit rate takes care of expenditure otherwise by way of cross cheque also. Following the same the action of Tribunal could not be held as unjustified.

Two different floors of one house property cannot be treated as two different residential houses

September 1, 2017 27501 Views 0 comment Print

Where assessee purchased Ground Floor of the house property and had also purchased first floor of the said house property and deduction for both the ground floor and the first floor under section 54F by treating both the floors as one single residential unit thus he was entitled to became two different floors of one house property could not be treated as two different residential houses.

Reference to DVO can be made only if AO think that value claimed in registered valuer’s report was less than FMV

September 1, 2017 2958 Views 0 comment Print

Reference made to DVO under section 55A on the ground that value declared by assessee, as per Government registered valuer’s report was more than FMV, was not justified as AO could make reference to DVO only when he was of the opinion that value claimed in the registered valuer’s report was less than the fair market value.

Gain on sale of agricultural land after conversion into plots not exempt from tax

August 31, 2017 13842 Views 0 comment Print

Synthite Industrial Ltd. Vs CIT (Kerala High Court) Admittedly, the assessee purchased the land which was a rubber estate. The land was purchased to utilize it for the non-agricultural purpose of expansion of its factory. The rubber trees in the land were slaughter tapped which is a process that immediately precedes the cutting and removal […]

Interest on home Loan availed of to repay earlier loan is allowable U/s. 24(b)

August 31, 2017 22515 Views 2 comments Print

If second borrowing has really been used to repay the original loan and this fact is proved to the satisfaction of AO, interest paid on the second loan would also be allowed as deduction under section 24.

Sec. 54 ITAT allows capital gain exemption despite investment in Term Deposit A/c Instead of Capital Gain Scheme A/c

August 31, 2017 4395 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Hyderabad held that exemption under section 54(2) of the Income Tax Act, 1961 cannot be denied to the assesse for the mere reason that the assesse has invested the capital gain in a normal term deposit account instead of Capital Gain Scheme account.

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