Category: Judgments
Applicability of Presumptive Tax if actual profit is more than presumptive income. Shifting from salary to professional receipts to take benefit u/s 44ADA The Income-tax Act 1961 (‘the Act’) provides for taxation of income on presumptive or deeming basis in the case prescribed businesses. Currently, the benefit of …
TDS return filing not require directors personal time-Penalty for Late filing confirmed. Timely filing could have been done by hiring professional services – ITAT ABCAUS Case Law Citation: ABCAUS 1198 (2017) (04) ITAT The Grievance: The appellant assessee was aggrieved by the order of the CIT(A) in confirming …
Carry forward of loss for belated return with positive income not allowed. Section 80 not use word ‘return of loss’, Section 139(3) talks of loss sustained under specific heads – ITAT ABCAUS Case Law Citation: ABCAUS 1197 (2017) (04) ITAT The Grievance: The assessee was aggrieved by the …
Fair rental value estimated by Income Tax Inspector disapproved by ITAT. FMRV ordered to be ascertained u/s 23(4) by applying percentage of cost ABCAUS Case Law Citation: ABCAUS 1196 (2017) (04) ITAT The Grievance: The only issue raised by the assessee was against the confirmation of addition for …
Land within municipal limits can not be treated agricultural based on revenue record. Revision u/s 263 upheld for assessment based on wrong DVO report – Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1195 (2017) (04) HC Assessment Year : 2004-05 Date/Month of Pronouncement: March, 2017 Brief Facts …
Revision us 263 on reasons unconnected with grounds of reopening which was for specific purpose. Calcutta High Court upholds revision by CIT In a recent judgment, Kolkata High Court has upheld revision u/s 263 by CIT on reasons unconnected with grounds of reopening which was for specific purpose. …
Cash book not found at search produced later was eye wash. Allahabad High Court rejects contention that it was with accountant as generally users take only data ABCAUS Case Law Citation: ABCAUS 1192 (2017) (03) HC The Substantial Question of Law raised: The appeal was admitted inter alia …
Scholarship payment is charitable expenditure when candidate was selected by a process selecting most deserving one which was not related to members of the Society – Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1192 (2017) (03) HC The Substantial Question of Law raised: Whether on the facts …
Addition for share application money not warranted if AO not disputed correctness of evidences furnished or not made any adverse comments – ITAT ABCAUS Case Law Citation: ABCAUS 1191 (2017) (03) ITAT The Grievance: The appellant assessee company was aggrieved by the order passed by the CIT(A) inter …
Reduction of loan waived from fixed assets actual cost-wdv u/s 43(6)(c) not required for calculating depreciation allowable under Income tax Act – ITAT In a recent judgment, ITAT Delhi has held that reduction of loan waived from fixed assets actual cost-wdv u/s 43(6)(c) not required for calculating depreciation …
