Partners can not forego salary & intt to inflate exemption u/s 10B

Reverses CIT(A)’s orders and upholds AO’s order of reducing interest on capital and remuneration to partners, while computing profits eligible for exemption u/s 10B; Partners chose to forego interest and remuneration but it does not ipso-facto mean that firm is not admissible for deduction; Interest & remuneration payable to partners not charged to inflate profits…

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Chd ITAT dismisses batch of appeals on issue of transfer of membership rights in Pbi Co-op Society

Chandigarh ITAT pronounces 165 pages ruling on development agreement taxability involving over 2 dozen appeals; Capital gains on land taxable in the year when Joint Development Agreement (JDA) entered; JDA alongwith irrecoverable power of attorney & handing over of possession, results into transfer of capital asset; Definition of transfer as per clause (v) of Sec…

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Escrow Money under SPA can’t be attached for Company’s tax dues – Delhi HC

Part share sale consideration kept with Bank as ‘Escrow’ under Share Purchase Agreement (SPA), cannot be demanded by AO towards tax liabilities of the Company whose shares are transferred; A company is independent entity completely distinct from its shareholders; Neither SPA nor Escrow Agreement provides for any contingency which would enable company whose shares are…

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SC sets aside Gujarat HC wherein notice u/s 153C was originally quashed

Assessee must exhaust alternate remedy before filing writ petition; Gujarat HC wrong to have entertained writ petition of assessee at initial stage of issuance of show cause notice; Sets aside Gujarat HC order quashing the show cause notices, directs assessee to file reply to notice; Assessee to exhaust all available remedies under Income Tax Act…

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