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Archive for July, 2010

Abolition of “L1″ Bench in ITAT

Friday, July 23rd, 2010

The Hon’ble President Shri. R. V. Easwar has passed the following order dated 5th July 2010:

 

Sub: Appeals pending before L1 Bench, ITAT., Mumbai – reg.

 

In supersession of all earlier orders on the above subject, all the appeals pending before the L1 Bench are transferred to L Bench. This order takes effect from 19″‘ July, 2010.

 

  Hon'ble President's order regarding L-1 Bench (15.3 KiB, 363 hits)

 


In Shreyas S. Morakhia the Special Bench has answered the question whether a share broker is entitled to deduction of bad debts u/s 36(1)(vii) r.w.s. 36(2) in favour of the assessee.

 

The judgement is available here.

 

See Also Bonanza Portfolio 320 ITR 178 (Del) & DB (India) Securities 187 Taxman 161 (Del) where the same view has been taken by the Delhi High Court.

The following Order No. 81 of 2010 dated 9th July 2010 has been issued by the Central Board of Direct Taxes to direct transfers / postings of officers in the grade of Commissioner of income-tax.

 

  Order No. 81 of 2010 dated 9.7.2010 issued by CBDT for transfer / posting of CITs (472.6 KiB, 2,688 hits)

 


In Wallfort Shares & Stock Brokers, a Five Member Special Bench of the Tribunal (96 ITD 1 (Mum) (SB)) and the Bombay High Court (310 ITR 421 (Bom)) held that the ‘loss’ incurred by an assessee in ‘dividend-stripping’ transactions cannot be disallowed on the ground that it was ‘tax-planning‘. The department’s SLP against the said judgement has been dismissed by the Supreme Court today, 6th July 2010.

 

Click here for the judgement of the Supreme Court.

 

See Also Porrits & Spencer (Asia) vs. CIT 231 CTR 294 (P&H) where the alleged conflict between McDowell 154 ITR 148 (SC) & Azadi Bachao Andolan 263 ITR 706 (SC) has been reconciled.