"16 June 2018" Archive

In absence of understanding between parties about reimbursement TDS is deductible on Salary paid to Staff

Power Plant Engineers Ltd. Vs ITO (ITAT Delhi)

Power Plant Engineers Ltd. Vs ITO (ITAT Delhi) It is apparent that the persons deputed by the recipient of the income were not routine employees, but were highly qualified and technical employees who were providing the head and brain’ to the assessee company. It cannot be said to be the reimbursement of salary expenditure when […...

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Interest on borrowed capital cannot be disallowed for Investment in subsidiaries out of Sufficient own funds

DCIT Vs Firstsource Solutions Ltd. (ITAT Mumbai)

Assessee held own funds of Rs. 23,580 lakhs, whereas investment in subsidiaries stood at Rs. 1,576 lakhs. Presumption in such case would be that assessee had used only its own funds for making investments. Further, there was commercial expediency in making said investments, hence no disallowance was called for....

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Audit fees provisions as per NABARD norms is allowable

DCIT Vs The Jhajjar Central Coop Bank Ltd. (ITAT Delhi)

DCIT Vs Jhajjar Central Coop Bank Ltd. (ITAT Delhi) Ld. Authorised Representative submitted that the provision pertained to audit fee payable to the statutory auditor for the ensuing year. It was further submitted that the statutory audit has to be carried out by a CA Firm recommended by NABARD and the audit fee is also […]...

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Remuneration paid to Management Graduates related to business is allowable

M/s. Hinduja Group India Ltd. Vs ACIT (ITAT Mumbai)

These are the appeals filed by assessee against the order of CIT(A)-12, Mumbai dated 30/05/2014 for A.Y. 2008-09 and A.Y. 2009-10 in the matter of order passed under Section 143(3) of the Income Tax Act (hereinafter the Act). In the A.Y. 2010-11, Revenue is in appeal before us with respect to disallowance of similar expenses....

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Dealer need not deduct TDS on Commission directly paid by Mobile Operator to Retailers

Shri Virendra Kumar Jain Vs The Income Tax Officer (ITAT Jaipur)

The assessee is an Individual and engaged in the business of trading in mobile and accessories including SIM card, pre-paid card etc. During the course of assessment proceedings, the AO noted that the assessee has shown the payment of commission of Rs. 16,41,989/- under section 40(a)(ia) of the Act without deduction of TDS...

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No Penalty can be levied for delayed filing of E-Returns If Manual Returns filed within Time

M/s. Ravel Electronics Pvt. Ltd. Vs CCE (CESTAT Chennai)

It is the case of the appellant that it did file its monthly ER-1 returns manually, without any delay but the respondent without verifying the same has imposed the penalty only on the ground that the ER-1 return was filed electronically beyond the prescribed time limit....

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Amount received for grant of user rights in a copyright software is royalty income

Elektrobit Automotive GmbH AM Vs Deputy DIT (ITAT Delhi)

Elektrobit Automotive GmbH AM Vs Deputy DIT (ITAT Delhi) It was held that license agreement as entered by the assessee itself points out the word royalty. Moreover, considering the facts of case, that license terms obliges the licensee to furnish to assessee monthly statement of supplied products to customers using his software and conseq...

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Interest on funds which are to be deployed for construction of plant in future cannot be treated as Income

Ms. Bank Note paper Mill India Pvt. Ltd Vs the Income Tax officer (ITAT Bangalore)

Ms. Bank Note paper Mill India Pvt. Ltd Vs ITO (ITAT Bangalore)  ITAT held that where the interest receipt is directly connected or incidental to working of construction of assessee plant, it should be reduced from the capital cost of project and not be treated as income. Statement provided by assesse in form of Annexure […]...

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Provisions not backed by any actual expenditure cannot be allowed as deduction

DCIT Vs Dia Vikas Capital Pvt. Ltd. (ITAT Delhi)

DCIT Vs Dia Vikas Capital Pvt. Ltd. (ITAT Delhi) On going through the above details from the assessee’s ledger account, it is seen that sum of Rs. 80,00,000/- is a provision made on 31.12.2008 against the consultancy fees. Similarly there is another item of Rs. 84,50,000/- which is again a provision for consultancy fee. This […]...

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Revised PAN & TAN application fees wef 16.06.2018

Refer to Circular No.: NSDL/TIN/2018/012 dated Jun 13, 2018, related to Revised PAN application fees . Income Tax Department (ITD) has decided to revise the PAN application fee to be collected from applicants. The PAN applicants shall now have the option to get a physical PAN card or an e-PAN card while submission of PAN applica...

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