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2G scam -The ‘flow’ of Rs 200 crore to Kalaignar TV and back

To cover up Rs 200 crore illegal gratification made to Kalaignar TV, agreements were executed after lodging of FIR in the 2G scam and money was channelled back to its source on A Raja's resignation as Telecom Minister, the CBI has claimed. The agency has supported this contention on the basis of the statements of an accountant of DB Realty and Director of the Cineyug Films Pvt Ltd to establish that the money travelled between December 23, 2008 and August 7, 2009 from Sh..
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Section 176(3A) of the Income Tax Act would be applicable only when there is a discontinuance of business

If there is a discontinuance of business then sum received by partners after discontinuation would be taxed as income in the hands of recipient; receipts under the arbitration award, by the partners after dissolution of the firm would ordinarily be capital receipts in their hands when received.
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Income from trading of shares will be speculative business within meaning of provision of Explanation to section 73

Where assessee is engaged in trading in share of other companies, the business carried on by the assessee will be in nature of speculative business and profit or loss arising therefrom will be the speculative profit/loss.
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CESTAT decision – Service Tax on Management Consultant’s Services (MCS)

M/s. Nirulas Corner House Pvt. Ltd. („the Appellants?) were engaged in the food and confectionary business. They had entered into an agreement with M/s. Sagar to permit them to run restaurants in the name of “Nirulas” as per the specified plans with regard to the location of the restaurant, area, interiors and other details. As per the terms of the agreement, it is the Appellants who decide the items that are to be sold by the restaurant, the method of preparation ..
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Royalty paid for certain rights, which are not in the nature of “make available,” can be charged to revenue account

The taxpayer was a wholly owned subsidiary of Denso Thermal Systems, Italy. The taxpayer was engaged in the business of manufacturing certain automobile products and selling the same in India and abroad. For the impugned assessment year, the taxpayer claimed that the royalty paid to its parent company as revenue expenditure. After perusing the details called for, the AO, relying on the decision of CIT vs. Southern Switchgear Ltd. 148 ITR 272 (Mad) held 25% of the royalty..
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Contractor not eligible for deduction u/s. 80-IA

The use of word developing' in juxtaposition to infrastructure facility in section 80-1A(4) indicates that what is eligible for deduction under this sub-section is the profits and gains derived from the development of infrastructure facility and not something de hors it; so in order to be eligible for deduction the development should be that of the infrastructure facility as a whole and not a particular part of it; it may be possible that some part of development work is..
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Reopening under section 147 by the AO on the same set of facts, without there being any additional information, can only be considered as change of opinion

As can be seen from the above the adjustment made by the assessee is according to the provisions of the Act. Since both the industrial galas fall within the block the WDV is increased by the actual cost of the asset falling within the block and reduced by the amount payable in respect of the asset sold. Accordingly we do not find any mistake in assessee's working of the block of assets which is according to the provisions of section 43(6)(c). The A.O.'s action in denying..
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True basis of depreciation allowance is the character of the asset not the description of the same

Even if an asset is described as goodwill but it fits in the description of section 32(1)(ii), depreciation is to be granted on the same; the true basis of depreciation allowance is the character of the asset and not it's description.
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