Case: Shine Pharmaceuticals v. DCIT (Ahmedabad ITAT) Background The assessee did not make employees’ contribution as mandated by the ESIC by the given due date. The AO added INR 3,79,404 to the assessee’s income due to this non-compliance.The AO further disallowed the expenditure of INR 19,45,443 to be claimed as a deduction. The assessee had … Continue reading Whether the Assessee can claim an amount which was spent on giving gifts to medical practitioners as a deduction?
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Bell ceramics (Orient Bell Limited) – Part 3
Case: Bell ceramics (Orient Bell Limited) – Part 3, ITAT Surat Note: This case contains some links to Riverus Research Map. To access these links please sign up or sign in. Forum: ITAT SURATMembers:O. P. MeenaAmarjit SinghLawyerBhavin MarfatiaApplicable SectionsSection 145,Section 145A,Section 27,Section 271,Section 271(1),Section 271(1)(c),Section 274,Section 36,Section 36(1)(iii),Section 36(1)(va),Section 36(1)(vii),Section 43B Some cases referred:C. I.T Central-iii Vs M-s Excel … Continue reading Bell ceramics (Orient Bell Limited) – Part 3
Madras High court decides if a writ can be filed if the ITAT has remanded a matter back to the AO, and the AO has exceeded the scope of the remand.
Case: Neetaa Suneel Shah v. Income Tax Officer Background Revenue reopened the assessment for the year 2010-2011 in 2015 for evasion of tax to the tune of about INR 25 lakhs through client code modification.After rejecting the objections of the assessee the AO added the money to income from Short Term Capital Gains.Assessee’s appeal to … Continue reading Madras High court decides if a writ can be filed if the ITAT has remanded a matter back to the AO, and the AO has exceeded the scope of the remand.
Disallowance under Section 14A: an Analysis
There are some heads of income which are considered tax-free or exempt for the purposes of the Income Tax Act (“Act”). On the other hand, the Act allows certain expenses incurred exclusively for earning income to be claimed as deductions i.e. these amounts can be deducted from the total income to arrive at the income … Continue reading Disallowance under Section 14A: an Analysis
ITAT Delhi decides a case on when does assumption of jurisdiction under section 153C apply
Note: This case summary contains some links to Riverus Research Map. To access these links please sign up or sign in for Free. Forum: ITAT Delhi Case Name: DCIT v. Prominent Realtech (Clubbed with Sunway Realtech) Assessee Lawyer: K Sampath Related Section: 153C Background AO conducted search and seizure on the premises of Triveni Infrastructure Development … Continue reading ITAT Delhi decides a case on when does assumption of jurisdiction under section 153C apply
The Riverus Advantage Part 3 – Judge Speak
If you are an avid reader, you would in all probability have read the novel 1984 by George Orwell. And if you did, you would remember the concept of Newspeak – a controlled language with restricted grammar and limited vocabulary. In the dystopian reality of the world weaved by the author, Newspeak is a powerful concept. Judge … Continue reading The Riverus Advantage Part 3 – Judge Speak
Bell ceramics (Orient Bell Limited) – Part 2
Case: Bell ceramics (Orient Bell Limited) – Part 2, ITAT Surat Issue: If the raw material is measured in weight and the finished product is measured in volume, can the AO convert the product metric from volume to weight to check for excess usage of raw material? This case has multiple issues, and this case summary relates … Continue reading Bell ceramics (Orient Bell Limited) – Part 2
Wah! Moments of a legal professional
Dear friends, As we keep moving through the last quarter of the year, I hope there will be some frenzied work moments for all of us and we will get to do some fantastic work for our clients and stakeholders. After all, it is indeed some of the most challenging and high-intensity work that we … Continue reading Wah! Moments of a legal professional
The Riverus Advantage 2 – Click, Click, Get
Following up on our article from last week, on how we differentiate ourselves from products that operate in the case research space, here’s edition 2. Whenever we speak to our potential customers about Research Map for Income Tax, we invariably hear the expression, “Ah! You are like Taxman (or CTR).” This comparison is very frustrating … Continue reading The Riverus Advantage 2 – Click, Click, Get
Whether assessee, a foreign company, should pay interest u/s 234B on account of non-payment of advance tax?
Case: Geopetrol International Inc. v. ADIT, Delhi ITAT Note: This case contains some links to Riverus Research Map. To access these links please sign up or sign in. Listen to Geopetrol International Inc. v. ADIT, Delhi ITAT summary here. Background This case deals with levying of interest on advance tax and the deduction of tax at … Continue reading Whether assessee, a foreign company, should pay interest u/s 234B on account of non-payment of advance tax?