Income TaxIT JudgementEven fresh issue of shares attract the provision of section 56(2)(x) if issued below its FMV7 years agoEven fresh issue of shares attract the provision of section 56(2)(x) if issued below its FMV- CA Naresh Jakhotia …
IT JudgementException to the rule – ‘Failure to deal with an argument does not constitute a ‘mistake apparent from the record’ does not apply to a case where a fundamental submission is omitted to be considered by the ITAT’.7 years agoS. 254(2): The law in CIT vs. Ramesh Electrical Co 203 ITR 497 (Bom) that failure to deal with an…
IT JudgementNo deduction towards interest u/s S. 36(1)(iii) for new unit even in the case of an assessee already in the same business7 years agoNo deduction towards interest u/s S. 36(1)(iii) for new unit even in the case of an assessee already in the…
IT JudgementThe basic condition precedent of ‘reason to believe’ applies even to s. 143(1) intimations.7 years agoThe basic condition precedent of ‘reason to believe’ applies even to s. 143(1) intimations. Conclusion in Short: The mere…
IT JudgementReopening u/s 147 for 100% dis-allowance of Bogus Sales/ Purchases as against 2.50% dis-allowance done during regular assessment7 years agoReopening u/s 147 for 100% dis-allowance of Bogus Sales/ Purchases as against 2.50% dis-allowance done during regular assessment Conclusion in…
IT JudgementThreshold limit u/s 194IA for TDS not to be checked with the Amount mentioned in sale deed vis a vis individual share of each co-owner7 years agoThreshold limit u/s 194IA for TDS not to be checked with the Amount mentioned in sale deed vis a vis…
IT JudgementDelhi ITAT on penny stock – Order quashed for want of cross examination7 years agoDelhi ITAT on penny stock – Order quashed for want of cross examination SMT. NIRMAL SHARMA, Vs. 516, EXPRESS TOWER,…
IT JudgementEven if no interest is earned on advances, interest genuinely paid on unsecured loans taken for business purpose could not be disallowed.7 years agoEven if no interest is earned on advances, interest genuinely paid on unsecured loans taken for business purpose could not…
IT JudgementAdditional shares are allotted pro -rata to shareholders including assessee based on their existing shareholding not liable for taxation under section 56(2)(x).7 years agoEase of doing business is what is said by the politicians and is delivered by the Judiciary. Actually, it should…
IT JudgementShares issued below fair market value- No tax if issued on proportionate basis7 years agoShares issued below fair market value- No tax if issued on proportionate basis Presently section 56(2)(x) of the Income Tax…
IT JudgementAssessee is free to adopt the adopt a method of his choice to determine FMV of shares u/s 56(2)(viib)7 years agoAssessee is free to adopt the adopt a method of his choice to determine FMV of shares u/s 56(2)(viib) DCIT…
IT JudgementPremium is abnormally high as per test of human probabilities is not sufficient for its taxation7 years agoPremium is abnormally high as per test of human probabilities is not sufficient for its taxation An important judgement was…
IT JudgementNon availability of vendors at the given address does not make purchase as Bogus7 years agoNon availability of vendors at the given address does not make purchase as Bogus Here is an important judgmeent by…
IT JudgementPower of Attorney which does not enable enjoyment of property does not result in a “transfer”. CBDT Circular No.495 dated 22.9.1987 reads more into s. 2(47)(vi) than warranted7 years agoPower of Attorney which does not enable enjoyment of property does not result in a “transfer”. CBDT Circular No.495 dated…
IT JudgementDelay of 1163 days in filing the appeal due to languid and inane conduct of the assessee cannot be condoned as it would result in the limitation period becoming otiose 7 years agoDelay of 1163 days in filing the appeal due to languid and inane conduct of the assessee cannot be condoned…
IT JudgementCases are to be decided by Court on legal principles and not on one’s own moral views7 years agoCases are to be decided by Court on legal principles and not on one’s own moral views “In our opinion,…
IT JudgementCompany Law: Highlights of Companies (Amendment) Ordinance 20197 years agoCompany Law: Highlights of Companies (Amendment) Ordinance 2019 Number of changes and amendment affecting almost every company is the part…
IT JudgementWithdrawal of appeal from ITAT & HC: Circular No. 3 of 20187 years agoWithdrawal of appeal from ITAT & HC: Circular No. 3 of 2018