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Deemed dividend provisions not attracted to running account with Group companies to meet business exigencies

September 16, 2020 1185 Views 0 comment Print

Budhia Agencies Pvt. Ltd. Vs DCIT (ITAT Kolkata) Learned authorized representative vehemently contends that the impugned deemed dividend addition is not sustainable in the eyes of law. His case as per page 4 of the paper-book indicating the assessee’s ledger in the books of M/s Republic Tractor Motor Pvt. Ltd. is that it had been […]

Section 271(1)(c) penalty cannot be levied on additions based on estimate

September 14, 2020 13572 Views 0 comment Print

Vishnu Tambi Vs DCIT (ITAT Jaipur) Under Section 271(1)(c) of the Act, the authority has been given discretion to levy the penalty in case there is a concealment of particulars of income and also with regard to quantum of penalty. However, it is a basic need of the provisions of law that definite finding is […]

AO cannot make addition for Difference between income in original & revised return without rejecting books

September 11, 2020 1500 Views 0 comment Print

Mersen India Pvt. Ltd. Vs JCIT (ITAT Bangalore) In the present case admittedly the assessee filed original return of income based on unaudited accounts within the due date of filing i.e. on 30.09.2008. Later the assessee filed the Revised Return of Income on 1.4.2009 which is the basis of audited books of accounts which is […]

TDS deductible on year-end provisions debited to profit & loss account

September 10, 2020 9573 Views 0 comment Print

Tata Sky Limited Vs ACIT (ITAT Mumbai) Assessee made year-end provisions in respect of sale promotion, legal and professional fees, interest and programming costs. Further, these provisions were debited to the profit and loss account and not added back to the computation of total income by the assessee. Once, the assessee has claimed these expenses […]

Factoring Regulation (Amendment) Bill, 2020 passed by Parliament

September 9, 2020 1089 Views 0 comment Print

Lok Sabha has passed The Factoring Regulation (Amendment) Bill, 2020 on 26th July 2021 and bill was further passed by Rajys Sabha on 28th July 2021. The Factoring Regulation (Amendment) Bill, 2020 was introduced in Lok Sabha on September 14, 2020. Bill was than referred to Standing Committee who has given its report on 3rd […]

Section 54F exemption on renovation/re-modification expense of house

September 4, 2020 7734 Views 0 comment Print

Juveria Begum Vs ITO (ITAT Hyderabad) Section 54F of the Act only mandates that the capital gain should be invested in ‘a residential house’ within the stipulated time by way of purchase or construction. Thus, the amount spent on renovation of such residential house by an assessee according to his requirements is also allowable as […]

Section 10(23C)(iiiab) exemption on Print & sale of text books at low rates to reach children of deprived sections of society

September 4, 2020 942 Views 0 comment Print

Where State Government was extending cash subsidy to assessee for print and sale of text books at low rates to reach children of deprived sections of society, considering fact that assessee was carrying on the activity which squarely fell within the definition of section 10(15) (charitable purpose) and was dependent upon finance of the State, assessee was eligible for deduction under section 10(23C)(iiiab).

Assessment in the name of non-existing person or a dead person is null & void

August 31, 2020 3327 Views 0 comment Print

Search conducted on the basis of warrant of authorization issued in the name of non-existing entity and consequent assessment framed under section 243(3) read with section 153A were bad in law being nullity in the eyes of law.

GST on supply of Solar Power Generating System

August 28, 2020 34863 Views 0 comment Print

In re Hero Solar Energy Pvt. Ltd. (GST AAR Haryana) (i) The supply of Solar Power Generating System along with other goods and service of designing, erection, commissioning & installation of the same is classified under SI no. 234 of Notification No. 1/2017-Central Tax (Rate) dated 28.6.2017 as amended vide Notification no. 24/2018-Central Tax (Rate) […]

AAR rejects application for non-appearance of Applicant

August 28, 2020 399 Views 0 comment Print

In re Hyco Enterprises (GST AAR Haryana) In order to decide the admissibility of the application, the applicant was called upon to appear before this Authority on 25.02.2020 vide memo no. 18 dated 17.02.2020, but neither the applicant appeared before the Authority nor did it seek any adjournment. Since, the Authority for Advance Ruling is […]

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