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Archive: December, 2015

Posts in December, 2015

ITAT Ahmedabad disposes 251 Appeal in one go after increase in Low Tax effect Limit

December 15, 2015 1566 Views 0 comment Print

In the case of DCIT Vs. Soma Textiles & Industries Limited , ITAT Rajkot has dismissed 251 Appeal filed by Department as Tax effect in these appeals was not exceeding Rs. 10 Lakh, in view of recent CBDT circular no. 21/2015 dated 10th December 2015.

Input Tax Credit in Model GST Law, 2016

December 15, 2015 5334 Views 0 comment Print

♠ Input Tax Credit means credit of input tax. ♠ Every taxable person is entitled to take credit of input tax. ♠ Input tax means the IGST, CGST or SGST/ IGST and CGST/ IGST and SGST charged on any supply of goods/ services which are used, or are to be used, in the course or furtherance of business.

Amount reimburse under personnel secondment agreement, covered in fee for technical services, liable for TDS u/s 195

December 15, 2015 2572 Views 0 comment Print

ITAT Bangalore held In the case of M/s Food world Supermarkets Ltd. vs. DDIT that there is no separate contract of employment between the assessee and the secondees. The secondees are under the legal obligation as well as employment of DFCL

Discount on ESOP being in the nature of employee cost, allowed u/s 37 subject to adjustment for lapsed /unvested options

December 15, 2015 2557 Views 0 comment Print

ITAT Mumbai held In the case of ACIT vs. People Interactive India Private Ltd. that the issue in hand is squarely covered by the decision of Hon’ble Special Bench-Bangalore Tribunal in (2013) 35 taxmann.com 335(SB) Biocon Limited v. DCIT (LTU) in favour of the assessee company whereby the Hon’ble Special Bench has held that the discount under ESOP is in the nature of employees cost

Addition on account of expected rent higher than actual rent received is not sustainable

December 15, 2015 1100 Views 0 comment Print

ITAT Kolkata held In the case of Oberoi Hotels Pvt. Ltd. vs. DCIT that the AO while applying clause (a) of Section 1 to Section 23, failed to appreciate that in the present case actually let out the property being a farm house is on rent to EIH Limited and if a property is actually let out

Intent to reduce tax liability need to be established before invoking explanation 3 to section 43(1)

December 15, 2015 1155 Views 0 comment Print

ITAT Delhi held In the case of M/s. Continental Device India Ltd. vs. ACIT that Explanation 3 to section 43(1) is not an absolute rule. The Assessing Officer is empowered to substitute the value. However, such a valuation cannot be substituted where there is no intent to reduce the tax liability.

Bangalore International Airport Ltd. [BIAL] is a statutory body u/s 80IA(4)(i)

December 15, 2015 3166 Views 0 comment Print

ACIT Vs. Menzies Aviation Bobba (Banglore) Pvt. Ltd. (ITAT Banglore) Revenue filed above appeal against the order of CIT (A) who held that BIAL is statutory body as per requirement of section 80IA (4) (i) of the Income-tax Act.

GST Network (GSTN) for Implementation of GST

December 15, 2015 22460 Views 0 comment Print

The broad framework of GST model proposed for India now being clear, well-designed and well-functioning Information Technology (IT) infrastructure facility would be a precondition and pre-requisite for smooth administration of taxpayers, processing of returns, controlling collections, making refunds, auditing taxpayers, levying penalties etc. in the new regime.

ITAT issues direction to furnish list of departmental appeals with tax effect not exceeding Rs. 10 Lakh

December 15, 2015 817 Views 0 comment Print

All representatives are requested to furnish a list of departmental appeals where the tax effect does not exceed the monetary limit of Rs. 10 lakhs and are covered by Circular No. 21/2015 dated 10th December, 2015 issued by CBDT. All possible efforts be made to furnish such information containing requisite details, viz., appeal number, date of filing, name of the assessee etc. in the office of the Assistant Registrar (Judicial) as expeditiously as possible, preferably by 18th December, 2015.

Phase out of R&D Deduction – Whether a step in right direction ??

December 15, 2015 2024 Views 0 comment Print

Press Release dated 20th November provided a framework for phasing out of deductions and exemptions as was announced by the Hon’ble Finance Minister in his budget speech. Vide the said press release it has been provided that: 1. Profit linked, area linked and investment linked deductions will be phased out. 2. Sunset date of 31st March 2017 is provided for commencement of activities for availing tax incentives with no terminal date. 3. No weighted deduction with effect from 1st April 2017.

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