Here is Portfolio page of Rajeev, with all his work

Strict parameter laid, to be followed for registration as charitable society, HC
Nov. 02, 2015
Assessee-society was charitable institution u/s 2(15). It ran school. AO denied Rs.5 lacks given by 'S' to school as given for charitable purpose. CIT & Tribuanl dismissed appeal against it. On appeal HC held, organization will have to measure up to strict parameters laid down to continue to enjoy benefit of exemption from payment of Income-tax, failing which it may be deprived of its registration as charitable institution & benefit of exemption.-0…
Contingent liability w/r/o unexpired risk, not "accruing liability" u/r 2. SC
Oct. 30, 2015
Assessee-Co. ran different insurance business. On question whether amounts shown by insurance company as reserves for unexpired risks on pending policies were liable to be deducted u/r 2, HC held against assessee. On appeal SC held, reserve liability can't have contributed to running of business. Can't be held to be "accruing liability" within rule 2. Hence, contingent liability in respect of unexpired risk is not "accruing liability" u/r 2.-010425
Interest received as part of sale consideration held "capital gain" by HC.
Nov. 02, 2015
Assessee company was under liquidation. Mill belonging to assessee-company sold in public auction. AO assessed amount of interest as income under head 'Income from other sources'. Liquidator under capital gains. On writ HC held, interest received was part of sale consideration & therefore, same could not be treated as income from other sources under Sec. 56. Said amount should be treated only as capital gain u/s 45 for purpose of assessment.-010554
Perverse finding of fact based on no evidence can be set aside in appeal held HC
Nov. 03, 2015
Assessee claimed deduction of staff medical & welfare expenses, power & full expense & laminating expenses. AO disallowed part of it. On appeal CIT deleted disallowance & Tribunal modified order. On appeal HC held, settled law , if finding of fact is perverse & based on no evidence, it can be set aside in appeal even though appeal is permissible only on substantial question of law. Perversity of finding itself becomes substantial question of law.-0…
Official liquidator held entitled to claim amount of income-tax paid by firm.SC
Nov. 02, 2015
HC held, official liquidator not entitled to claim amount of income-tax paid by firm. On appeal SC held, scheme of Act that deductions are to be made out of "salaries", "interest on securities" & other heads of "income, profits & gains". Official liquidator of appellant was entitled to claim amount of tax paid by firms. As between parties tax paid by agent had to be taken into account irrespective of ultimate result of assessment on non-resident.-0…
AO held incorrect as profit earned by assessee not taxable as business income.
Dec. 30, 2015
Assessee sold shares of 'T' Ltd. to foreign Co.Income arising from sale of shares was declared as short term capital gain. AO opined that profit earned by assessee was taxable as business income. CIT(A) confirmed order of AO. On appeal ITAT held, assessee made investm't in shares with intention to earn dividend income on appreciation of price of shares. Therefore, it can't be said that assessee was doing business. Thus, AO action held incorrect.-00…
Art.7 of DTAA between India & Singapore held inapplicable, commi'sn held profit.
Dec. 24, 2015
AO held, assessee had paid Commission of Rs. 22.20 lacs to DLM a Singapore based Co., However, no TDS had been deducted in respect of commission so paid. As DLM provided services in India, thus he disallowed commission. On appeal CIT(A) deleted disallowance. On appeal ITAT upheld it holding, commission earned by DLM has was business profit of DLM & therefore, article 7 of DTAA entered into between India & Singapore will not be applica…
Assessee must calculate Tax on basis of net profits without deduction of EPT. SC
Nov. 02, 2015
EPTO held, applying rule 12 of 1st Schedule of EPT Act, that not necessary for assessee for purpose of its business to make calculations on basis of net profits without deduction of excess profits tax. On appeal Tribunal & HC upheld it. On appeal SC held, Tribunal in affirming finding had further material to act upon. HC decision was correct. Unnecessary, in view of fact to consider that action of EPTOwas referable to rule under which he acted. -0…
Def. of rent u/s 194-I do not provide any item for vehicle hire charges, ITAT.
Nov. 03, 2015
Assessee developed areas. It hired cars on fixed rent & deducted tax at rate of 2% treating same as contract. AO raised demand for short-deduction of tax u/s 201 & interest u/s 201(1A). CIT upheld it. On appeal ITAT held, definition of rent u/s 194-I does not provide any item for vehicle hire charges. Therefore, provisions of Sec.194-I had been wrongly applied by AO. Thus, demand & interest thereon for short fall noted by AO were deleted.-010563
Dispute regarding account being correctly classified as NPA or not is factual.
Nov. 05, 2015
Bank u/s 13(3A) dismissed representation against notice u/s 13(2). On first appeal HC held, Classification by Bank of loan account as NPA was not faulty. On 2nd appeal HC held, process u/s 13(3A) is not adjudicatory. Question whether borrower has committed any default in repayment & whether account has been correctly classified as NPA or not is factual dispute which even otherwise ordinarily in writ jurisdiction is not to be entertained. Appeal…