Interest

No Disallowance u/s. 14A of interest on borrowed funds if AO does not show nexus between borrowed funds and tax-free investment

As the funds were mixed, it is not possible to ascertain whether the investment in tax free bonds is out of the assessee’s own funds. The source of investment in the tax free bonds was not identified. The AO did not establish any nexus between the borrowed funds and the investments in the tax free bonds. The cash flow of the assessee was not seen. Therefore, the apportionment on a pro rata basis was improper in the absence of anything brought by the AO to rebut the ass..
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How to disclose on interest payable under sections 234B/ 234C of Income-tax Act

Part II of Schedule VI to the Companies Act, 1956, requires the profit and loss account to be drawn in a manner to disclose the result of the working of the company during the period, and it should disclose every material feature in respect of non-re
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Section 14A not applicable if investment in shares not made out of borrowed funds and depreciation allowable on goodwill and non-compete fees

ITAT Mumbai held in above case that that since there was no sale, discarding, demolition or destruction of an asset, no adjustment can be made to the Written Down Value (WDV) of the block of assets. Accordingly, the depreciation on goodwill and non-compete fees has to be allowed since these assets already formed part of the block of assets.
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Interest and Damages Not Taxable Under DTAA if no PE- ITAT Mumbai

Though the damages included an element of interest, the same is not assessable because in a decree or arbitration award, the amount loses its original character and assumes the character of a judgment debt. In substance, interest partake the character of the compensation and is not assessable as “interest”. Islamic Investment 265 ITR 254 (Bom) followed.
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Government may hike Home Loan interest Payment exemption to Rs 2.5 lakh

The government is considering a proposal to hike income-tax exemption Make these charges part of your budget available for interest payment on home loans to Rs 2.5 lakh a year, to boost demand and rebuild the slowdown-hit housing industry.The ministry of housing and urban development has urged finance minister Pranab Mukherjee to make an announcement to [...]
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Quoting of Unique transaction Number (UTN) in ITR and practical issues

It has been directed that ITR-1 to ITR-8 shall require the quoting of the relevant UTN for every TDS or TCS claim made by an assessee and that the credit for any TDS/TCS claim will be allowed only if the assessee quotes the relevant UTN and the said UTN matches with that in the database [...]
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Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2009

Notification No. G.S.R. 349(E) In exercise of the powers conferred by sub-section (1) and clause (a) of sub-section (2) of section 46 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in consultation with the Reserve Bank, the Central Government, having considered it necessary in the public interest, hereby makes the following further [...]
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Determination of residential status of Assessee not resident in India in 9 out of 10 previous years

SUMMARY OF CASE LAW Where the individual is resident in the previous year, but was not a resident in India in 9 out of 10 previous years preceding the year or was in India for a total period of 730 days or more in seven previous years then his residential status will be that of [...]
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