Income Tax Archive

Transaction entered in pursuance of MOU can not be said sham or colourable device to avoid tax

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Transaction entered in pursuance of MOU can not be said sham or colourable device to avoid tax when payments and MOU not disputed, Joint Venture payments not attract TDS Provisions-High Court   ABCAUS Case Law Citation: ABCAUS 2103 (2017) (10) HC In the instant case, the assessee company had

 

Once depreciation is claimed, asset cannot move out of the Block of Assets – High Court affirms

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Once depreciation is claimed, asset cannot move out of the Block of Assets even if no depreciation was claimed for many years thereafter – High Court affirms ITAT order   ABCAUS Case Law Citation: ABCAUS 2102 (2017) (10) HC Brief Facts of the Case: The appellant assessee had sold a fixed assets earning profits thereon which was treated by it as long 

 

Question affecting tax liability of assessee can be raised before Tribunal first time – High Court

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Question affecting tax liability of assessee can be raised before the Tribunal first time and it is obliged to consider them and pass appropriate orders – High Court ABCAUS Case Law Citation: ABCAUS 2101 (2017) (10) HC In the instant case, the Income Tax Department (Revenue/Department ) had challenged

 

Tribunal not justified in remanding case when records are available with it – High Court

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Tribunal not justified in remanding the case when documents are available with it. It was the duty of the tribunal to consider the same – High Court   ABCAUS Case Law Citation: ABCAUS 2100 (2017) (10) HC The High Court pronounced the common judgment while disposing off bunch of

 

Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders-Supreme Court agrees with High Court

Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders. The fiction not to be extended further for broadening the concept of shareholders – Supreme Court agrees with High Court ABCAUS Case Law Citation: ABCAUS 2099 (2017) (10) SC  Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders In a

 

Reopening for not replying enquiry letter issued on AIR basis to verify source of investment held bad

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Reopening for not replying enquiry letter issued on AIR basis to verify source of investment in the property held invalid for non application of mind by the Assessing Office.   ABCAUS Case Law Citation: ABCAUS 2098 (2017) (10) ITAT The Challenge/Grievance: This appellant assessee had challenged the order of

 

Charitable Trust registration us 12A-Amendment of Rule 17A and Form 10A Draft Notification inviting comments and suggestions

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Charitable Trust registration us 12A-Amendment of Rule 17A and Form 10A. Draft Notification inviting comments and suggestions Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi, 18th October, 2017 PRESS RELEASE Draft Notification of amendment of Rule 17A and Form 10A of