ITAT

ITAT: Deletes notional profit addition on property sale, quashes reference to DVO

Chandigarh ITAT deletes notional profit addition on sale of property constituting assessee's ‘stock-in-trade’ for AY 2010-11, holds that reference to the Valuation Officer (‘DVO’) was illegal, being made under general provision u/s 131(1)(d);

Jun 30,2017

ITAT: Allows sharing of consideration between taxpayer and builder upon ‘re-developed flat’ sale

Mumbai ITAT upholds deletion of capital gains addition in hands of assessee-individual upon sale of redeveloped flat jointly with builder during AY 2011-12, rejects Revenue’s stand that entire sale consideration was taxable in

Jun 30,2017

ITAT: No denial of charity exemption u/s. 11 for change in Trust’s objects aiming pan-India presence

Mumbai ITAT upholds restoring exemption claim u/s. 11 in favour of assessee (an educational trust)  for AY 2011-12; AO denied exemption on the ground that there was change in assessee-trust’s

Jun 30,2017

ITAT: Investing ‘substantial’ capital gains in new flat, sufficient u/s. 54; Relaxes construction completion condition

Chandigarh ITAT grants capital gains exemption u/s. 54 to assessee-individual for investing gains arising on sale of residential house in a flat (i.e under-construction property) during AY 2013-14; Revenue had

Jun 29,2017

ITAT: Share deposit in escrow results in 'cessation of control', triggers transfer u/s 2(47)

ITAT circuit bench at Mangaluru upholds capital gains taxability on shares for AY 1996-97, dismisses assessee-company’s plea that since shares were deposited in Escrow account in terms of the Arbitration

Jun 28,2017

ITAT: Applying Rule 8D mandatory despite no expenditure incurred; Statutory presumption supersedes factual evidence

Chennai ITAT upholds Sec. 14A disallowance, rejects assessee-individual’s plea that since no investment yielding exempt income was made during relevant AY 2012-13, invocation of Rule 8D was not warranted as

Jun 27,2017

ITAT: Usage of borrowed funds for Trust’s objects doesn’t tantamount to income application u/s11

Bengaluru ITAT denies Sec. 11 exemption to assessee-trust (running educational institutions) with respect to acquisition of fixed assets, using borrowed funds for AY 2011-12; On noting that excess fund was

Jun 27,2017

ITAT: Holds land sale as capital gains, not business; 'Non-agricultural' conversion, borrowing irrelevant

Ahmedabad ITAT allows  assessee-individual’s claim of treating profit on sale on plot/land as ‘capital gains’, quashes Revenue’s action of assessing it as ‘business income’ for AY 2011-12; Notes that assessee sold

Jun 26,2017

ITAT: Bonus stripping u/s 94(8) not applicable on ‘share-sale’ transaction; Follows co-ordinate bench

Pune ITAT allows assessee’s claim of set-off of short term capital loss (STCL) from sale of HCL technologies Ltd.(HCL) shares against long term capital gain (LTCG) from sale of City

Jun 23,2017

ITAT: Liquidated damages, though received as part of land-sale consideration, assessable as ‘income from other sources’

Mumbai ITAT rules in favour of Revenue, holds that liquidated damages received by assessee as part of sale consideration (MOU) for land, due to failure on part of purchaser to

Jun 23,2017

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