Tag: LTCG exempt 10(38)
During appellate proceedings against order u/s 263, validity of original assessment order can be examined In a recent judgment, ITAT Delhi held that during the course of appellate proceedings against the order passed u/s 263 of the Act, the validity of the assessment order from which such proceedings …
Shares sold after seven years cannot be considered as an accommodation entry in penny stock Shares sold after seven years cannot be considered as an accommodation entry in penny stock – Supreme Court dismisses SLP In a recent judgment, Hon’ble Supreme Court has dismissed a SLP of the …
Proviso to Section 10(38) of the Act cannot be read in the reverse to mean that if the gains are not included as book profits under Section 115JB of the Act, the exemption u/s 10(38) can be denied – High Court In a recent judgment, Hon’ble High Court …
ITAT is required to follow the Hon’ble Jurisdictional High Court instead of orders of Co-ordinate Bench – ITAT In a recent judgment, the ITAT Kolkata has held that Tribunal being subordinate to Hon’ble High Court is required to follow the judgment of the Hon’ble Jurisdictional High Court instead …
Addition for bogus capital gain in penny stock company deleted as shares were purchased and sold before order of SEBI and investigation report ABCAUS Case Law Citation:ABCAUS 3814 (2023) (11) ITAT Important Case Laws relied upon by parties:Karuna Garg and Others In the instant case, the assessee had …
Appeal Fee to be paid to ITAT on appeal against Rectification order u/s 154– Residual clause of section 253(6)(d) not applicable says ITAT ABCAUS Neutral Case Law Citation:ABCAUS 3679 (2023) (02) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) / NFAC …
No Penalty u/s 271(1)(c) on filing revised return when no such questionnaire was issued with notice u/s 143(2) ABCAUS Case Law CitationABCAUS 3463 (2021) (03) ITAT Important case law relied referred:CIT vs. SSA’s Emerald MeadowsPr. CIT vs. Sahara India Life Insurance Company Ltd.ITO vs. Sitashri Trading & Finance …
Non-Central Government Employees also can now avail the benefit of income tax exemption on payment of cash equivalent of LTC fare, along the lines of the benefit made available to the Government Employees. Income-tax Exemption for payment of deemed LTC fare for non-Central Government employees Ministry of Finance …
Addition for investment in penny stock company remitted to record how assessee involved in promoting company and how inflated shares of company ABCAUS Case Law Citation:ABCAUS 3224 (2020) (01) ITAT Important case law relied upon by the parties:Kanhaiyalal & Sons (HUF) v. ITO In the instant case, the …
Sale of shares-Capital Gain or business income ? ITAT explains law in assessee’s favour quoting CBDT Instructions / Circulars and various judgments/case laws ABCAUS Case Law Citation: ABCAUS 3029 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: Ramilaben D.Jain V/s. ACIT 97 Taxmann.com 217 Ratanlal …
