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FROM MY ARCHIVES-ITAT, KOLKATA UNREPORTED DECISIONS   ( Part 6)


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Legal Maxims applicable to income tax proceedings-  analysis

tap the link

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FROM MY ARCHIVES-ITAT, KOLKATA UNREPORTED DECISIONS ( Part 5)

https://subashagarwal.blogspot.com/search/label/FROM%20MY%20ARCHIVES-%20USEFUL%20ITAT

Three legal issues answered -

1)Whether where genuineness of payments made to the party is not doubted by the Revenue, the provisions of section 40A(3) could be made applicable ?

2)Whether stamp duty and registration charges paid on acquiring leasehold premises for showrooms are allowable as revenue expenditure ?

3)Whether depreciation of scanner and router is to be charged at the reate applicable to computers i.e @60% .

Ten tax issues on which CBDT concedes that their officers are wrong!
( Part I)

https://subashagarwal.blogspot.com/search/label/Article

https://subashagarwal.blogspot.com/search/label/FROM%20MY%20ARCHIVES-%20USEFUL%20ITAT             

Visit the link above to find answer to the following queries-       
                                                                                         

a) Can the view taken by the AO  be considered to be erroneous when the AO had failed to make inquiries during assessment proceedings though the issues raised by the CIT during sec 263 proceedings are covered by  the decision of the Supreme Court ?

b) Where the AO found that books of account were not properly maintained, can he make pin pointed additions u/s 68/69 etc and not reject books  to avoid making a lower estimated G.P addition ?

c) Can the  assessee being a body corporate claim establishment expenses despite having no business activity ?

d) Where the assessee has not offered capital gains to tax in the year of signing of agreement to sale , can the same be charged to tax in the year of registration of sale deed

https://subashagarwal.blogspot.com/search/label/FROM%20MY%20ARCHIVES-%20USEFUL%20ITAT             

Visit the link above to find answer to the following queries-       
                                                                                         

a) Can the view taken by the AO  be considered to be erroneous when the AO had failed to make inquiries during assessment proceedings though the issues raised by the CIT during sec 263 proceedings are covered by  the decision of the Supreme Court ?

b) Where the AO found that books of account were not properly maintained, can he make pin pointed additions u/s 68/69 etc and not reject books  to avoid making a lower estimated G.P addition ?

c) Can the  assessee being a body corporate claim establishment expenses despite having no business activity ?

d) Where the assessee has not offered capital gains to tax in the year of signing of agreement to sale , can the same be charged to tax in the year of registration of sale deed ?

https://subashagarwal.blogspot.com/search/label/Sec.14A%20r.w%20Rule%208D

Ten escape routes from the mischief of sec 14A r.w Rule 8D ( Part II )

Second and concluding part of the write up providing ready reference to the relevant and latest case-laws on the subject

https://subashagarwal.blogspot.com/search/label/Sec.14A%20r.w%20Rule%208D

Ten escape routes from the mischief of sec 14A r.w Rule 8D ( Part I )


This write up  in two partes will provide ready reference to the relevant and latest case-laws on the subject

https://subashagarwal.blogspot.com/search/label/FROM%20MY%20ARCHIVES-%20USEFUL%20ITAT



Recent ITAT Kolkata decisions which may be useful

Yes. Under sec 288 r. w rule 50 a CS can appear n plead before ITAT.
Even a commerce graduate can appear ( as per R 51)

Compilation of ratios of 17 carefully selected recent reported decisions in ITR (273 to 276)
Read/copy fm here -
https://subashagarwal.blogspot.in/search?q=Recent+reported+&m=1

 Section 40A(3) - Where payments are  made against purchase of traded goods exceeding ₹ 20,000 and assessee's claim is not covered by any of the exceptions provided under rule 6DD, still rule 6DD cannot be mechanically applied.ITAT CUTTACK gives the reason.

Ratio n Full text of the decision  at-
http://subashagarwal.blogspot.in/search?q=RADHA+SHYAM+PANDA

Where  the assessee has kept the shares as stock in trade,whether rule 8D will apply ?

Full text of a recent ITAT Kolkata decision at:
http://subashagarwal.blogspot.in/search?q=GKK.+Capital+