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Tag: Case Law

Sec 54 – Date of possession of new property is to be considered in the case of constructed property: ITAT Mumbai

19 May, 2024 admin

Sec 54 of Income Tax Act - Date of possession of new property is to be considered in the case of constructed property: ITAT Mumbai Sunil Amritlal Shah & Rita Sunil Shah (ITA No.4069 &…

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Transit rent paid by the developer is not a revenue receipt and so not taxable: Bombay HC

5 May, 2024 admin

Transit rent paid by the developer is not a revenue receipt and so not taxable: Bombay HC Sarfaraz S. Furniturewalla vs. Afshan Sharfali Ashok Kumar & Ors. (WP No: 4958 OF 2024) Facts: 1. The…

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Legal precedents on Ad- Hoc Disallowances

3 May, 2024 admin

Legal precedents on Ad- Hoc Disallowances: A. Examples of ad hoc disallowances made by the Assessing Officer: 1. Disallowances of 10 % of miscellaneous expenses merely because no break up / supporting voucher of miscellaneous…

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Additions cannot be made based on profit assumptions: Punjab & Haryana HC

3 May, 2024 admin

Additions cannot be made based on profit assumptions: Punjab & Haryana HC M/s Shree Digvijaya Woollen Mills Ltd., Amristar Vs Commissioner of Income-Tax (ITR-3- 2010)(O&M) Facts: 1. The taxpayer discarded a copper wire cable of…

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Excessive or unreasonable salary, is a sine qua non in invoking the provision of Sec 40A(2)(b): ITAT Ahmedabad

3 May, 2024 admin

Excessive or unreasonable salary, is a sine qua non in invoking the provision of Sec 40A(2)(b): ITAT Ahmedabad M S Hostel verses Deputy Commissioner of Income Tax Case Number: I.T.A. No. 614/Ahd/2023 Facts: 1. During…

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Notional interest income cannot be taxable under the real income principle: Mumbai ITAT

3 May, 2024 admin

Notional interest income cannot be taxable under the real income principle: Mumbai ITAT ACIT verses Kesar Terminals and Infrastructure Ltd. Case Number: I.T.A. No. 3001/Mum/2023 Facts: 1. During the year under consideration, the assessee had…

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Cash sales during demonetisation already reported as sales, cannot be taxed twice as unexplained credit: ITAT Delhi

18 April, 2024 admin

Cash sales during demonetisation already reported as sales, cannot be taxed twice as unexplained credit: ITAT Delhi Harisons Diamonds Pvt Ltd Vs ACIT (ITAT Delhi) Appeal Number : ITA No. 1426/DEL/2021 Facts: 1. An addition…

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Option to choose a valuation method for valuing shares rests solely with the assessee: Delhi HC

9 April, 2024 admin

Option to choose a valuation method for valuing shares rests solely with the assessee: Delhi HC AGRA PORTFOLIO PVT. LTD. (ITA 1385/2018) Facts: 1. The appellant had allotted 3,15,000 equity shares of a face value…

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20% Pre deposit is not a precondition for granting a stay on Income Tax Demand – HC (Delhi)

20 March, 2024 admin

20% Pre deposit is not a precondition for granting a stay on Income Tax demand: National Association Of Software And Services Companies (NASSCOM) (TS-195-HC-2024(DEL))  Observations of the Hon Delhi HC while rejecting the precondition of…

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TDS exemption is available U/S 194C in case of a declaration, even when the transporter is not the owner: ITAT Jodhpur

4 March, 2024 admin

TDS exemption is available U/S 194C in case of a declaration, even when the transporter is not the owner: ITAT Jodhpur Adhunik Khanan VA Parivahan Theka Sahakari Samiti Limited Vs. ITO (ITA Nos. 177 to…

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