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Archive: 20 December 2013

Posts in 20 December 2013

S. 40A(2)(b) Interest on loan @ 12% paid to related party can’t be considered as excessive

December 20, 2013 11560 Views 0 comment Print

CIT(A) found force in the submission of the assessee that the interest at the rate of 12% was also taken as reasonable in the Income Tax Act under the provisions of section 40A(b)(iv) for the purpose of calculating interest to the partners. The CIT(A) also followed the decision of the Tribunal in the case of ACIT Vs. M/s.Raj Steel Industries and Vipul Y. Mehta Vs. ACIT (supra) where the rate of interest at 18% to 24% was considered to be reasonable.

Denial of Registration u/s 12A for mere unsubstantial activities not justified

December 20, 2013 3334 Views 0 comment Print

In view of the above, we see no reason to interfere with the impugned order passed by the ITAT. No question of law, much less substantial question of law arises in the present Tax Appeal. Hence, the present Tax Appeal deserves to be dismissed and is accordingly dismissed.

S. 40A(2)(b) Interest on unsecured loan from relatives @ 18% is reasonable

December 20, 2013 122926 Views 7 comments Print

We have heard both the parties and perused the material placed before us. We find that during the year under consideration, the assessee claimed travelling expenses amounting to Rs.4,29,01 1/-. The AO disallowed 50% of the claim because the expenses included the expenses of assessee’ s wife also.

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