Sponsored
    Follow Us:

Archive: 29 November 2017

Posts in 29 November 2017

Donation by assessee trust to a university approved U/s. 10(23C)(vi) is for charitable purpose & eligible for section 11 exemption

November 29, 2017 1263 Views 0 comment Print

We are of the view that donation given by assessee trust to a university approved under section 10(23C)(vi) is for charitable purpose subject to verification of the basic information which were not available on record, as per Ld. DR, such as:(i) Property from which the rental income of the trust has derived, that is rental agreement and assessee`s Trust entitlement to receive rental income.

File Table 6A & GSTR 3B to get Refund of IGST & unutilized Input Tax Credit

November 29, 2017 21549 Views 1 comment Print

Exporters advised to file Table 6A and GSTR 3B for processing of IGST Refund and for Refund of the unutilized Input Tax Credit; Errors by exporters while filing their returns are the sole reason for delay in grant of refunds or rejection thereof; The Government of India has taken various measures to alleviate difficulty and is fully committed to provide Speedy disbursal of Refunds due to exporters.

Books of account cannot be relied after rejection for making addition U/s. 69

November 29, 2017 1860 Views 0 comment Print

Hemant Kumar Pradhan Vs ITO (ITAT Cuttack) Original assessment u/s.143(3) of the Act was made by the AO by rejecting the books of accounts of the assessee and estimating the income of the assessee at 8% of the gross contract receipt of Rs. 49,10,212/-. It is trite law that once the books of accounts of […]

Surcharge and cess is to be calculated after deducting MAT credit u/s 115JAA from tax on assessed income

November 29, 2017 8298 Views 0 comment Print

ACIT Vs. Divi’s Laboratories Ltd. (ITAT Hyderabad) This appeal is filed by the Revenue against the order of CIT(A) – 5, Hyderabad dated 30/01/2016 relates to the AY 2012-13 wherein the revenue has raised the following grounds of appeal: “1. The ld. CIT(A) erred in holding that the surcharge and education cess is to be […]

GST – Two Major Common public Questions, My Answers and Suggestion

November 29, 2017 5736 Views 9 comments Print

Recently I have come across lot of queries regarding GST from some Common people and professionals from other fields whom I met recently. I have also answered them to some extent to what I really known about the particular concept.

Allowances Received by MLA from Legislative Assembly is Tax Exempt

November 29, 2017 15999 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Hyderabad on Wednesday ordered that the allowances received by a Member of Legislative Assembly is to be exempted from Income Tax.

In absence of business activities Interest on borrowed capital not allowable

November 29, 2017 2025 Views 1 comment Print

As no activity was undertaken by the assessee which could be said to be business activity, no deduction was allowable under section 36(1)(iii). Thus, AO was justified in disallowing the interest paid on borrowed capital to assessee.

Reimbursement of expense to Director by Company is not Taxable as Perquisite

November 29, 2017 36060 Views 0 comment Print

Gaurav Seksaria Vs. ITO (ITAT Kolkata) Reimbursement of expense incurred during foreign visit to Director by Company is not taxable as Perquisite  It is not in dispute that the assessee employee had not claimed any expenditure as deduction which were incurred by him through credit card during his foreign travel. He incurred expenses through credit […]

Penalty u/s 271C justified for non-deduction of TDS on non-compete fee with no reasonable cause for non-deduction

November 29, 2017 1176 Views 0 comment Print

Contention of the assessee that the non-compete fee is the business expenditure of the assessee has been upheld. The assessee has always contended that it is its business expenditure and therefore, it was required to deduct the tax at source u/s 194J of the Act. For failure to deduct the tax inspite of being liable to do so, the penalty u/s 271 C is clearly leviable.

Sect. 40(ba) will not be attracted in absence of Profit or remuneration to any JV member

November 29, 2017 2115 Views 0 comment Print

Since the assessee has not shown any profit nor paid any remuneration to any of the members, the provisions of section 40(ba) will not be attracted.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031