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Settlement Commission has no jurisdiction to direct special audit as no nexus with settlement proceedings

January 24, 2016 841 Views 0 comment Print

Delhi High Court held In the case of Agson Global Pvt. Ltd. & Ors vs. Income Tax Settlement Commission & Ors that the powers and functions of an income tax authority which are to be exclusively exercised by the settlement commission must be in the context of and have a nexus with the settlement proceedings.

Interest on idle funds mainly brought for capital expansion can be set off against pre-operative expenses

January 24, 2016 1793 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. Facor Power Ltd. that no substantial question of law arises for our consideration. This is so because, the Tribunal has correctly placed reliance on the decision of this Court in Indian Oil Panipat Power Consortium Limited [2009 315 ITR 255 (DEL).

Unascertained liability can be claimed as expense if estimated reasonably in mercantile system of accounting

January 24, 2016 12049 Views 0 comment Print

Delhi High Court held In the case of M/s. Aggarwal And Modi Enterprises (Cinema Project) Co. Pvt. Ltd Vs. CIT that whether a liability is ascertained or contingent is dependent on the facts of each case. Merely because a liability may be contractual or non-statutory would not make it incapable of being ascertained.

Purchase of software as a product being a transaction of sale, payment cannot be considered as royalty

January 24, 2016 4717 Views 6 comments Print

Delhi High Court held In the case of Principal CIT vs. M. Tech India Pvt. Ltd that in cases where the payments are made for purchase of software as a product, the consideration paid cannot be considered to be for use or the right to use the software.

Penalty u/s 271C not maintainable in absence of contumacious conduct by assessee – SC

January 24, 2016 1909 Views 0 comment Print

Supreme Court held In the case of CIT vs. Bank of Nova Scotia that there is no substantial question of law, the facts and law having properly and correctly been assessed and approached by the CIT (A) as well as by the ITAT that for levy of penalty u/s 271C

Special Procedure for Assessment of Search Cases

January 24, 2016 4806 Views 1 comment Print

The Finance Act 1995 has introduced a new chapter XIV-B in the IT Act with a view to providing a special procedure for assessment of search cases with effect from 1.7.1995. As per the Memorandum explaining the provisions of the Finance Bill 1995, in the old Scheme; valuable time was lost in trying to relate […]

Educational and Medical Institutions – Heed the wake-up call!

January 24, 2016 1797 Views 0 comment Print

The Finance (No.2) Act 1998 has made far-reaching changes in the provisions of Income-Tax Act 1961 relating to the taxation of educational and medical institutions. The reasons for the same, as stated in the Finance (No.2) Bill 1998, are as follows:

Tax on Compensation for Breach of Contract For Sale of Land

January 24, 2016 9045 Views 0 comment Print

COMPENSATION BY WAY OF DAMAGES FOR BREACH OF CONTRACT FOR SALE OF LAND –WHETHER LIABLE TO INCOME-TAX? The expression ‘contract for sale’ is defined in S.54 of the Transfer of Property Act (T.P. Act). As per S.54 of the T.P. Act, a contract for the sale of immovable property is a contract that sale of such property shall take place on terms settled between the parties. It is important to note that a contract for sale, does not, by itself, create any interest in or charge on such property.

Compensation for non-competition in business and its tax implications

January 24, 2016 3581 Views 0 comment Print

In a free market economy, competition plays a vital role in commerce, trade and industry. While healthy competition is a sine qua non of growth and development of business in such an economy, unbridled, unfair and cut-throat competition can also ruin a businessman. It may happen that a person occupying a senior post a business organization is in possession of certain valuable trade secrets of that organization.

Incentive Deduction U/s 80-I of Income Tax Act, 1961

January 24, 2016 8665 Views 0 comment Print

Incentive Deduction U/s 80-I of the I.T. Act – A Typical Example Of What One Arm Of The Government Gives, The Other Takes Away- S.80-HH grants incentive to the tax-payer for establishing an industrial undertaking (I.U., for short) or a hotel in backward areas. S.80-HHA grants similar incentive for establishing small scale I.U. in certain areas. S.80-I grants incentive deduction to new I.U. started after a certain date and S.80-IA grants incentive deduction in respect of new I.U. in certain cases.

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