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Being ownership vest with lessor in leased including sale & lease back assets, depreciation u/s 32 allowed

January 17, 2016 3655 Views 0 comment Print

ITAT Mumbai held In the case of ICICI Ltd. vs. ACIT that in assessee’s own case for the AY 1995-96, the ITAT referred the case of S.B.I. Home Finance Ltd. v. CIT (2006) 280 ITR 6 in which the Hon’ble Calcutta High Court has held that the leased transactions were genuine.

Reassessment not valid on mere information of investigation wing as no direct nexus establishes with income escapement

January 17, 2016 1088 Views 0 comment Print

ITAT Delhi held In the case of ITO vs. M/s Shakti Securities Pvt. Ltd. that merely based on investigation wing information without surveillance of substantiation and without any statement being mentioned therein and without nature of transaction being narrated therein and without tangible material

Entry Tax in Uttarakhand on E-Commerce-A Reality

January 17, 2016 2136 Views 1 comment Print

Advocate Rajnish R. Singla State of Uttarakhand must have mistaken the figures of E-Commerce and dreaming for higher revenues. Any way, they are going to tax everything until one’s last breath and thereafter too for funerals, so not surprised in their decision. That’s the governance, to tax, tax over tax, additional tax, entry tax, cess […]

No time limit for compliance of direction or findings of appellate forum

January 16, 2016 3925 Views 0 comment Print

Common appeal is raised by the assessee against the order of CIT relating to assessment year 2001-02 & 2005-06, therein CIT by virtue of Sec 263 of Income Tax Act, 1961(ACT) ordered assessing officer to make fresh assessment for said asstt year

On voluntarily disclosure in response to notice u/s 153A before any detection by revenue, immunity from levy of penalty can’t be denied

January 16, 2016 1138 Views 0 comment Print

In the case of DCIT Vs. Deepak Chaudhary Kolkata Bench of ITAT have held that the assessee has cumulatively satisfied all the conditions stipulated in Clause 2 of Explanation 5 to Section 271(1)( c) of the Act and hence entitled for immunity from levy of penalty for all the assessment years under appeal.

If AMP is an International Transaction than TPO have jurisdiction over it even without any reference by A.O.

January 16, 2016 1074 Views 0 comment Print

M/s Nikon India (Pvt) Ltd. Vs. DCIT (ITAT Delhi) In the light of various case laws & on bare reading of the provision prescribed in Act: ITAT held that as AMP is an international Transaction and TPO is having jurisdiction over it even without any reference is made by A.O.

Mere Change in profit sharing ratio would not change constitution of Partnership firm

January 16, 2016 12160 Views 0 comment Print

ITAT Delhi in DCIT Vs Deepsons Southend held that if there is change in the profit sharing ratio of the partnership and all the partners remain same in the new partnership deed then that would not be change in the constitution of the firm so the loss of the firm could be carried forward.

Continuously selling of product depicts commercial production not trial production

January 16, 2016 1912 Views 0 comment Print

ITAT New Delhi held in ACIT Vs Phonix Lamps India Ltd that if the assessee was selling its final product to particular parties continuously and there was no return of the final product. Moreover there was no complaint of any defect in the finished product.

Project Management Study expense to facilitate existing business is revenue in nature

January 16, 2016 1610 Views 0 comment Print

ITAT Mumbai held In the case of J.P MORGAN SERVICES PVT LTD Vs. ITO held that ‘benefits of enduring nature’ is not the sole factor to categorise an expense as capital expense. Expenditure for improving “operational efficiency” regarding Project Management Study will be considered as Revenue in Nature.

Delhi VAT-Filling of reconciliation return for year 2014-15- Date extended to 29.02.2016

January 15, 2016 1013 Views 0 comment Print

CIRCULAR NO. 34 of 2015-16 I, S.S.Yadav, Commissioner, Value Added Tax, do hereby extend the last date of filing of online return in Form 9 for the year 2014-15, prescribed under Rule 4 of Central Sales Tax (Delhi) Rules, 2005 to 29/2/2016.

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