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Archive: 21 June 2018

Posts in 21 June 2018

Brand is an intellectual property eligible for depreciation U/s. 32

June 21, 2018 5457 Views 0 comment Print

As per para 7, 8 and 9 of the Accounting Standard 26 (AS 26) issued by the ICAI, the definition of intangible asset and trade mark specifically includes brand names.It was held by the Hon’ble Mumbai Tribunal that brand is an intangible asset eligible for depreciation under Section 32 of the Act.

No disallowance under rule 8D(2)(ii) r.w. sec. 14A in absence of diversion of interest bearing funds

June 21, 2018 4383 Views 0 comment Print

In the present case As assessee had established nexus of interest expenses with its main activity of financing and there was not a single amount of interest bearing borrowings which could be related with investment which yielded tax-free dividend income, no disallowance under rule 8D(2)(ii) was called for. AO was directed to compute disallowance under rule 8D(2)(iii) at the rate of 0.5% of investments which actually have resulted in the exempt dividend income.

Reopening for non-disclosure of S. 14A disallowance calculation method is invalid

June 21, 2018 978 Views 0 comment Print

The Nainital Bank Ltd.  Vs Asstt. (ITAT Delhi) When the assessee furnished all the facts and figures including the earning of the tax free income and the expenditure which was accepted by the learned AO, it is not open for the AO to say that the income escaped assessment because assessee did not reveal the […]

HC expresses concern at tendency of Dept to file unnecessary appeals u/s. 260-A

June 21, 2018 819 Views 0 comment Print

Pr. CIT (A) Vs M/s Bank Note Paper Mill (Karnataka High Court) HC expresses concern and anguish at the tendency of the Revenue Department to file unnecessary appeals u/s. 260-A of the Act even though the issues are ex facie covered by the decision of the jurisdictional High Courts or even the Hon’ble Supreme Court […]

Prompt investigation in fresh series of cases pertaining to ‘Panama Papers’

June 21, 2018 639 Views 0 comment Print

The fresh release made in the media today under ‘Panama Paper Leaks’ is being promptly looked into by the law enforcement agencies under the aegis of the Multi Agency Group (MAG) already constituted for facilitating coordinated and speedy investigation.

Only those goods can be detained in respect of which there is a violation of GST Law

June 21, 2018 19725 Views 0 comment Print

Further, it is clarified that only such goods and/or conveyances should be detained/confiscated in respect of which there is a violation of the provisions of the GST Acts or the rules made thereunder.

Penalty U/s. 272A (2)(k) cannot be imposed for a mere technical venial breach

June 21, 2018 1536 Views 0 comment Print

Explanation offered by the assessee would constitute ‘reasonable cause’ within the meaning of section 273B of the Act and hence the assessee would be entitled for immunity from levy of penalty u/s 272A(2)(k) of the Act.

Mere failure to submit TRC U/s. 90(4) is not a bar to grant benefits under DTAA

June 21, 2018 3231 Views 0 comment Print

Skaps Industries India Pvt Ltd Vs. ITO (ITAT Ahmedabad) Section 90(4), in the absence of a non-obstante clause, cannot be read as a limitation to the treaty superiority under Section 90(2), we are of the considered view that an eligible assessee cannot be declined the treaty protection under section 90(2) on the ground that the […]

S. 69C Bogus Purchases: Right of cross-examination is not absolute

June 21, 2018 2370 Views 0 comment Print

This appeal, filed by the assesseee, being ITA No. 2960/Mum/2016, is directed against the appellate order dated 16.02.2016 passed by learned Commissioner of Income Tax (Appeals)-3, Thane (hereinafter called the CIT(A)), for assessment year 2011-12, appellate proceedings had arisen before learned CIT(A) from the assessment order dated 25.03.2014 passed by learned Assessing Officer (hereinafter called the AO) u/s 143(3) of the Income-tax Act, 1961 (hereinafter called the Act).

Payment of one-time fee to continue mining business: capital expenditure or revenue?

June 21, 2018 1308 Views 0 comment Print

PCIT Vs Rungta Mines Ltd (Calcutta High Court) The legal issue that the Revenue seeks to assert is as to whether the payment of the net present value by an assessee engaged in mining for use of forest land for mining purpose would be a capital expenditure or a revenue expenditure. It is not in […]

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