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Archive: 29 July 2011

Posts in 29 July 2011

When assessee has made surrenders in the previous years, then AO can not make addition by treating the cash deposited in banks as undisclosed

July 29, 2011 651 Views 0 comment Print

Mother son Jones Limited Vs ITO (ITAT Delhi)- Since the assessee has already surrendered Rs.30 lacs in the four assessment years, three of which are preceding assessment years and during relevant assessment year, the assessee has disclosed Rs. 6,30,000/-.

Derivative transaction entered prior to notification defining Recognised Exchanges is also eligible to be treated as non speculative transaction

July 29, 2011 6452 Views 0 comment Print

ACIT Vs Hiren Jaswantrai Shah (ITAT Ahmedabad)- Derivative transactions carried out through stock exchanges from 1 April 2005 to 25 January 2006, which are recognised by the notification issued by the CBDT on 25 January 2006, would be eligible for being treated as non-speculative transactions within the meaning of clause (d) of proviso to s 43(5) and, accordingly, are available for set-off against regular business income.

S. 40(b) Interest on deposits for availing bank guarantee is business income

July 29, 2011 4528 Views 0 comment Print

It is the purpose or the proximity to the purpose, which would determine the character of the asset and, thus, that of the income arising there-from and, consequently, its assessability under the Act, going on to hold that where the amount was deposited in the bank to obtain a letter of credit for purchase of a capital asset (machinery), the interest thereon would only be a capital receipt, which shall go to reduce the cost of the relevant capital asset. The said decisions, in our view, full govern the present case, and the Revenue has misapplied the decisions by the hon’ble jurisdictional high court.

Reasons are required to be recorded by the AO on valid material and an assessment cannot be reopened on mere assumptions

July 29, 2011 7373 Views 0 comment Print

Weizmann Capital Ltd. Vs ACIT (ITAT Mumbai)- The income, which the Assessing Officer initially formed a reason to believe had escaped assessment, has as a matter of fact, not escaped assessment, it is not open to the Assessing Officer independently to assess some other income.

For the levy of FBT, the application of s 115WC(2)(b) cannot be restricted only to the business relating to civil construction and it will cover the business activity of the assessee carried on

July 29, 2011 6691 Views 0 comment Print

Innovative Steals Pvt. Ltd. Vs ITO (ITAT Delhi)- The word “construction” though mainly connected to the building but it includes within its ambit a bridge under construction building, erection, elevation, establishment, assembly, manufacture, fabrication. It also includes an impressive construction structure, building, edifice, assembly, framework. Therefore, its ambit has not been restricted to only to construction of building.

Depreciation on pre-operative expenses allocated to fixed assets is allowable under s 32 since expenses were incurred for setting up of fixed assets during the trial run

July 29, 2011 34353 Views 2 comments Print

Cosmic Kitchen Pvt. Ltd. Vs ACIT (ITAT Delhi)- The only ground taken in this appeal, filed by the assessee, is that the learned CIT(A) erred in disallowing depreciation of Rs. 2,70,744/- in respect of pre-operative expenses allocated to fixed assets. It is also mentioned that he erred in holding that the expenses were revenue in nature and not linked with installation of various assets.

Only profit on the sale of the licence should be chargeable to tax under s 28(iiia) and not the profit which may come in the future on the sale of the licence

July 29, 2011 26252 Views 0 comment Print

GKW Limited Vs CIT (Calcutta High Court)- Only profit on the sale of the licence should be chargeable to tax under s 28(iiia) and not the profit which may come in the future on the sale of the licence.

Lokpal Bill government’s top priority,will be introduced in Lok Sabha by 3rd August 2011

July 29, 2011 6033 Views 0 comment Print

The Union Parliamentary Affairs Minister Shri P K Bansal has said that The Lokpal Bill 2011 will be introduced in Lok Sabha by Aug.3. Speaking to the Media at the Parliament house the Minister said that the government has prepared a comprehensive Lokpal bill for the consideration and passing by both houses of Parliament. The Monsoon Session, 2011 of Parliament (8th Session of Fifteenth Lok Sabha and the 223rd Session of the Rajya Sabha) is scheduled to commence on Monday, the 1st of August, 2011 and subject to exigencies of Government Business, the Session will conclude on Thursday, the 8th of September, 2011. The Session will provide 26 sittings spread over a period of 39 days.

Income arising to foreign company by way of fees for technical services – Notified foreign company – EADS Deutschland GmbH, Germany notified u/s 10(6C) of The Income Tax Act

July 29, 2011 5856 Views 0 comment Print

Notification No. 40/2011 – Income Tax In exercise of the powers conferred by clause (6C) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government herby notifies that any income arising to M/s. EADS Deutschland GmbH Worthstrable 85,89077 Ulm Germany by way of fees for technical services received in pursuance of the agreement entered into by the Government of India with M/s. EADS Deutschland GmbH, dated the 22nd June, 2010

Sebi approves uniform customer identification process for investors in different segments

July 29, 2011 6024 Views 0 comment Print

Capital market regulator Sebi on Thursday approved a uniform customer identification process for investors in different segments, and also decided to accept Aadhaar or UID as one of the eligible documents for fulfilling the KYC norms.

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