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Archive: June, 2015

Posts in June, 2015

Non-compliance in respect of hived off part of project does not dis-entitle deduction under Section 80IB(10)

June 12, 2015 783 Views 0 comment Print

ITAT Hyderabad in the case of Smt. Cherkuri vs. DCIT concluded that development of commercial complex by the buyer of plot area even if it is approved by the concerned authorities as the part of the project, could not be said to have been developed by the assessee as a part & parcel of the project.

Adjustment for variation in closing stock necessary for correct application of TNMM

June 12, 2015 1720 Views 0 comment Print

ITAT Licknow in the case of ACIT vs. M/s Rahman Industries Ltd. held that- Adjustment for variation in closing stock is necessary for the correct computation of Operating cost thereby correct application of Transaction Net Margin Method (TNMM).

Broken period interest on purchase of securities is allowable as revenue expenditure

June 12, 2015 6204 Views 0 comment Print

The ITAT after considering the rival submissions observed that both the counsels agreed before us that the issue in dispute is squarely covered by the decision of the Tribunal in assessee’s own case for AY 2010-11 in ITA No. 1742/Hyd/2014 dated 25/03/2015

Other View taken by Assessing Officer with application of mind even if prejudicial to interests of Revenue does not allow CIT to initiate proceedings u/s 263

June 12, 2015 719 Views 0 comment Print

Phrase prejudicial to the interests of the Revenue had to be read in conjunction with an erroneous order passed by the AO, that every loss of revenue as a consequence of an order of the AO cannot be treated as prejudicial to the interests of the Revenue,

Books cannot be rejected when PAN mentioned and TDS was deducted

June 12, 2015 2139 Views 0 comment Print

In the case of VV Constructions v ACIT, ITAT Pune held that the Books of account cannot be rejected for only the reason that there was some over writing in one of the transactions. Also, it can’t be rejected because the Assessee have furnished the PAN numbers and made TDS in all the transactions

Mere TDS certificate not conclusive evidennce for determining nature of payments

June 12, 2015 1642 Views 0 comment Print

As can be seen from the terms of the relevant agreement between assessee and LAPPL, assessee is to receive 15% of the total contract amount as mobilization advance. Though, it may be a fact that in the TDS certificate, deductee has mentioned it as payment towards professional charges but

Accrual of Interest on hypothetical income outstanding in books cannot be taxed

June 12, 2015 5782 Views 0 comment Print

While setting aside the order passed by ITAT Hon’ble HC held that tax can be levied on real income not on hypothetical income. Realization of some entries is doubted and such entries can not constitute a valid levy of tax.

Interest u/s 234C is to be levied on Assessed or Returned income whichever is less

June 12, 2015 17228 Views 0 comment Print

In the case of Abhishek Cotspin Mills Ltd. v ACIT it is held by ITAT Pune that whenever the Assessee declares the returned income which is higher than the actual Asseessed Income, then interest would be charged under section 234C on the assessed Income and In case assessed income is higher than returned Income Than such Interest will be charged on returned Income.

Valuation u/s 50C should be Preferably handed to the Valuation Officer in the event of dispute

June 12, 2015 846 Views 0 comment Print

In the case of Masud Ahmed Qureshi v ITO it was held by ITAT Pune that whenever, there is a dispute regarding the valuation u/s 50C, it would be better to refer the matter to the Valuation Officer so that the proper report could be furnished regarding it.

Exemptions and Relaxations to Private Companies from Few Provisions of CA, 2013

June 12, 2015 4190 Views 0 comment Print

The Ministry of corporate Affairs has released the much awaited exemptions for Private Companies, Government Companies, Nidhi Companies and Companies registered under Section 8 of the Companies Act, 2013 (Act). Since the introduction of the Companies Act, 2013 in September 2013, these companies were reeling under the pressure of the rigorous provisions of the Act and the compliances required therein.

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