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Addition of income not accruing/ arising from business connection in India not sustainable

July 26, 2022 885 Views 0 comment Print

Held that there is no material/ evidence to say that the assessee was having any business connection in India. Addition unsustainable.

Education related Affiliation service fees collected by University is exempt from service tax

July 26, 2022 1989 Views 0 comment Print

Held that the act of University in granting affiliation to a private college is service in furtherance of providing education and accordingly the affiliation fees collected is exempted from service tax.

Section 80P(4) not applies to primary agricultural credit societies not entitled for banking license

July 26, 2022 2043 Views 0 comment Print

Sahyadri Vividdhodesha Areca Vs ITO (ITAT Bangalore) Held that object of section 80P(4) was to exclude co­operative banks that function at par with other commercial banks and noted that as primary agricultural credit societies are not entitled for obtaining a banking license would not be hit by this provision. Facts- Assessee is a society registered […]

Non-availability of record is reasonable cause for failure to comply with notice u/s 142(1)

July 25, 2022 2949 Views 0 comment Print

Held that imposing penalty u/s. 271(1)(b) justified as necessary record impounded by the department was not supplied to the assessee, accordingly assessee failed to comply with the notice u/s. 142(1).

Fictitious cash sales to claim exemption under Section 80-IC not become genuine merely for acceptance by VAT Authorities

July 24, 2022 546 Views 0 comment Print

Respondent furnished inaccurate particulars of his income in the garb of fictitious cash sales with a view to claim Section 81-IC exemption

Transfer of land to developer via JDA not covered under wealth tax

July 22, 2022 1026 Views 0 comment Print

Held that appellant has transferred the land to the developer through JDA and the developer had power to alienate their portion of property. Accordingly, property so transferred is not subject to wealth tax.

Place of supply is location of service receiver when services are supplied to foreign telecom operators

July 22, 2022 1308 Views 0 comment Print

Held that services are supplied to Foreign Telecom Operators and hence place of supply of service will be location of service receiver as per section 13(2). Provisions of section 13(3)(b) are not attracted as the services are not provided to the individual.

Interest income to be taxed @10% as per India-Japan DTAA

July 22, 2022 2778 Views 0 comment Print

Held that the interest income in question is required to be taxed at 10% in terms of the provisions of Article 11(2) of the India-Japan DTAA

Addition on estimated basis without rejection of books is unsustainable

July 22, 2022 3819 Views 0 comment Print

Held that addition made on estimated basis, without rejecting books of accounts of the assessee, is unsustainable in law

Explanation of source of small loans from friends cannot be dismissed as unbelievable

July 22, 2022 390 Views 0 comment Print

Held that the explanation of the source of these very small loans as given by friends of the assessee to help him in his share trading transactions, and which has been confirmed by two parties, cannot be dismissed as unbelievable.

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