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Archive: 21 January 2018

Posts in 21 January 2018

Clarify provisions of section 44AD: ICAI

January 21, 2018 5934 Views 0 comment Print

(4) Where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five assessment years relevant to the previous year succeeding such previous year not in accordance with the provisions of sub-section (1)

Exclude agricultural land from the ambit of Section 43CA: ICAI

January 21, 2018 1899 Views 0 comment Print

This section provides for adoption of stamp duty value in case of transfer of land or building or both held as stock-in-trade. Several issues have cropped up due to implementation of this section in its present form and suggestions thereof are as under

Allow Capitalization of foreign exchange loss for domestically acquired asset: ICAI

January 21, 2018 1113 Views 0 comment Print

Section 43A was inserted in the Income-tax Act, 1961 by Finance (No. 2) Act 1967, which permitted Capitalization of Foreign Exchange Fluctuation Loss in the borrowing used for acquisition of assets outside India.

ICAI suggestions on depreciation on assets acquired in satisfaction of debts Section 43(1)

January 21, 2018 1221 Views 0 comment Print

In many cases, assessees engaged in the business of financing assets, acquire such assets which were used by the borrower for the purpose of his business or profession. Post-acquisition of such assets, the finance companies lease out the same to another person under operating lease.

ICAI suggestions on taxability of interest on Non-Performing Asset

January 21, 2018 5589 Views 0 comment Print

Section 43D of the Act provides that income by way of interest in relation to bad and doubtful debts of a public financial institution or a scheduled bank or a cooperative bank or a state financial corporation or a state industrial investment corporation or a housing finance company

Section 40A(3) Allow cash Payment to electricity companies: ICAI

January 21, 2018 15441 Views 0 comment Print

Currently, bill payments related to electricity consumption made to electricity companies are not allowed through cheque in case payment is made after a certain date or delayed/late payment after due date. Assessee in such situations is left with no option but to pay in cash.

Restrict disallowance for TDS defaults on payments to non-resident to 30%: ICAI Suggests

January 21, 2018 1890 Views 0 comment Print

In relation to section 40(a)(ia), Explanatory Memorandum to Finance (No.2) Bill 2014/CBDT Circular No. 1 of 2015 explained that disallowance of whole of the amount of expenditure in case of payments to residents for whom TDS

100% Deduction U/s. 80IC allowable on Substantial expansion of eligible unit

January 21, 2018 1617 Views 1 comment Print

Friends Alloys Vs ACIT (ITAT Chandigarh) From perusal of the order of the AO, it was found that the AO had not disputed that the assessee had carried out substantial expansion as provided under clause (b) of sub-section (2) read with clause (ix) of sub-section (7) of section 80-IC. Hence, the impugned order of the […]

Disallowance of expenses incurred in favour of members – Section 40(ba)

January 21, 2018 27021 Views 0 comment Print

In many cases, a consortium may be formed by two or more members to jointly bid for big projects wherein each of the members brings in his own expertise and resources. If the consortium is assessed as AOP

Section 40(a)(ia): Disallowance of expenditure for non-deduction of tax at source on payment made to resident

January 21, 2018 149001 Views 3 comments Print

Section 40(a)(ia) is amended via Finance (No. 2) Act, 2014 to restrict the amount of disallowance for non-deduction of tax to 30% of expenditure. The proviso is also amended to the effect that 30% of such sum shall be allowed as a deduction in computing the income of the previous year in which tax has been paid.

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