DCIT v. Liquidator, M/s Petrofils Cooperative Ltd.

Whether depreciation allowance of earlier years can be adjusted in the relevant assessment year if no business being carried out in the relevant assessment year?

Case: DCIT v. Liquidator, M/s Petrofils Cooperative Ltd. Forum: Ahmedabad ITAT Access all the links in this article by signing up for free with Riverus Research Map for income tax here. Background This appeal by the revenue to the ITAT clubs similar claims pertaining to the following Assessment Years: 2004-05, 2009-10, 2011-12 and 2012-13. For the … Continue reading Whether depreciation allowance of earlier years can be adjusted in the relevant assessment year if no business being carried out in the relevant assessment year?

LIBOR Warning – The Countdown has begun – Is India geared up for the transition?

LIBOR Waning – The Countdown has begun – Is India geared up for the transition?

A crucial shift from the use of the London Interbank Offered Rate (LIBOR) is gaining momentum, with news looking at the end of LIBOR by December 2021. This raises an alarm for a closer relook and maybe a tweak, on all transactions involving the use of this historically dependent base rate. Key tax/transfer pricing implications … Continue reading LIBOR Waning – The Countdown has begun – Is India geared up for the transition?

Lok Sabha Passes the Taxation Laws (Amendment) Bill, 2019

On December 2, 2019, the Lok Sabha passed the Taxation Laws (Amendment) Bill, 2019 (“The Bill”) which inter alia reduces the corporate tax levied on domestic companies. The Bill is yet to be introduced in the Rajya Sabha and once passed by both the houses will replace the ordinance promulgated by the President in September … Continue reading Lok Sabha Passes the Taxation Laws (Amendment) Bill, 2019

Deepak Petrochem Ltd. V. DCIT

Is it incumbent on the assessee to prove genuineness and creditworthiness of investors in investments received in cash?

Case Name: Deepak Petrochem Ltd. V. DCIT See Similar case: CIT v. Ajay Kumar Gupta Background The assessee filed its income tax return for the AY 2002-03, declaring total loss of INR 29,31,379. Authorities scrutinized the aforementioned return and it was revealed that the authorized share capital of the assessee had been increased to INR … Continue reading Is it incumbent on the assessee to prove genuineness and creditworthiness of investors in investments received in cash?

The-PR-Commissioner-of-Income-Tax-v-DLF-Home-Developers

Whether expenses pertaining to brokerage incurred by a builder can be deductible as expenses?

Case: The PR Commissioner of Income Tax v. DLF Home Developers, Forum: Supreme Court Background: Supreme Court Dismisses Revenue’s Appeal [SLP(C)] to Disallow brokerage related expenses. Given below is the summary of the case when appealed in Delhi HC for reference along with all the related links. Case: The PR Commissioner of Income Tax v. … Continue reading Whether expenses pertaining to brokerage incurred by a builder can be deductible as expenses?

NIIT Limited v The DCIT New Delhi

Can the principal payment which has been made towards the finance lease be considered as revenue expenditure?

Case: M/s NIIT Limited v. The DCIT, New Delhi Background Assessee is a public limited company engaged in the business of information technology education and knowledge solutions.The assessee filed returns of income for the year 2009-2010 declaring INR 25.81Cr as income and claimed a deduction of INR 50,09,835 in respect of payment of the principal … Continue reading Can the principal payment which has been made towards the finance lease be considered as revenue expenditure?

Shine-Pharmaceuticals-v-DCIT-Ahmedabad-ITAT

Whether the Assessee can claim an amount which was spent on giving gifts to medical practitioners as a deduction?

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?

Bell ceramics part 3

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

Neetaa sunil shah vs income tax officer

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.