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Archive: 12 September 2015

Posts in 12 September 2015

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 4578 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 4041 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

CIT duly empowered to decline request for waiver of interest U/s. 234C – HC

September 12, 2015 2198 Views 0 comment Print

High court held In the case of The Fertilizers and Chemicals Travancore Ltd. vs. DCIT & CCIT that the CCIT is empowered and authorized to waive interest under section 234C only if the assessee case falls any of the two cases mentioned in notification dated 26/6/2006 for the income tax authorities

Re-opening of Assessment not valid in absence of any justifiable doubtful circumstances – HC

September 12, 2015 637 Views 0 comment Print

High court held In the case of The CIT vs. M/s Kerala Kaumudi (P) Ltd that the fundamental basis on which the assessment was re-opened itself is untenable. We are fully agree with the contention of the Tribunal that in the absence of any justifiable vitiating circumstances

Settlement Application cannot be admitted without considering objections raised by CIT

September 12, 2015 684 Views 0 comment Print

It was held by Hon’ble High Court of Bombay and Goa in the case of CIT V/s M/s Sai Prasad Properties Limited that an application under section 245D(2C) of the Act has to be disposed of after considering the objections raised by CIT

S. 147 Objections of assessee cannot be disposed off on an Imaginary Ground

September 12, 2015 1668 Views 0 comment Print

In was held by High Court of Bombay and Goa in the case of M/s V M Salgaoncar Sale International V/s ACIT, that objections raised by the assessee against the reasons recorded U/s 148 of the Act can not be disposed off on an imaginary ground by the assessing Officer.

Time barred assessment cannot be reopened for non satisfaction of conditions for reopening

September 12, 2015 835 Views 0 comment Print

The hon’ble High Court of Bombay and Goa held in the case of Betts India Pvt. Ltd. V/s DCIT that when all the material facts necessary for assessment has been truly and full disclosed, the assessment can not be re opened after the expiry of time limit

No further addition on issues covered by settlement commission order in other proceedings

September 12, 2015 543 Views 0 comment Print

ACIT Vs. DJ Infrastructure Dev Pvt. Ltd. (ITAT DELHI) AO made additions on account of unexplained sources of expenses on the basis of some documents found during search proceedings u/s 132 on Gopal Zarda Group. On seized documents some details of expenses and payment of share premium is mentioned.

Taxability of Interest earned on Share capital put in form of FDRs for procurement of capital goods

September 12, 2015 973 Views 0 comment Print

ITO Vs. Facor Power Ltd. (ITAT DELHI) AO made addition on account of interest earned on FDRs put in bank for procurement of capital asset by holding that no such capital assets is acquired by assessee during the year under consideration.

Director Salary not excessive in absence of any material on record

September 12, 2015 805 Views 0 comment Print

DDIT (Ex) Vs. Gideons International In India (ITAT HYDERABAD) The assessee in this case is a registered society who paid salary to its director along with some perks in addition to the basic salary. AO doubted that excessive salary has been paid to the director and he made addition of excessive salary than the salary mentioned in the appointment letter.

Income cannot be taxed as FTS in India in absence of FTS clause in DTAA

September 12, 2015 9103 Views 0 comment Print

The ITAT Mumbai in the case of Mckinsey Business Consultants Vs. DDIT held that if there is no clause in DTAA to tax fees for technical services (FTS) then the same is taxable as business profits provided the income is earned by assessee through a PE in India.

Delay in filling appeal due to negligence / inaction of Revenue cannot be condoned

September 12, 2015 550 Views 0 comment Print

The ITAT Kolkata in the case of DCIT Vs. Trade Apartment Ltd. held that the delay in filling appeal cannot be condoned if the same is attributable to gross negligence and inaction on the part of revenue.

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