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Plausible view by AO being not an erroneous view, revision u/s 263 not sustainable

December 26, 2015 847 Views 0 comment Print

ITAT Mumbai held In the case of M/s Vidyasagar Enterprises LLP vs. Principal CIT that AO accepted the loss sustained by the assessee in this project to be allowed to be set off against other income of the assessee after application of mind and considering relevant material on record which was one

Supply of shrink-wrap software is transfer of right to use copyright and covered in royalty liable to TDS u/s 195

December 26, 2015 3080 Views 0 comment Print

ITAT Bangalore held In the case of M/s Tejas Networks Ltd. vs. DDIT that the right that is transferred in the present case is the transfer of copyright including the right to make copy of software for internal business

Interest Income is capital receipt only if it is inextricably linked with project

December 26, 2015 5941 Views 0 comment Print

In the Case of ACIT VI, Kanpur vs. Z Square Shopping Mall Private Limited, ITAT held that the interest earned on FDR, Gains from investment of Mutual Fund is not inextricably linked or connected with the construction activities

How deductor can Submit Self-Declaration for Lower Deposit of TDS

December 26, 2015 11928 Views 0 comment Print

Centralized Processing Cell (TDS) has started sending notices to those deductors who have  paid 40 to 60% lesser TDS during the period from April 1 to October 15, 2015 as compared to the corresponding period in Financial Year 2014-15. If as a deductor you have reasonable causes for less Deduction and less Payment of tax […]

ICAI Election 2015- List of Elected Candidate of WIRC Regional and Central Council

December 26, 2015 6540 Views 0 comment Print

ICAI Election 2015- List of Elected Candidate of WIRC Regional and Central Council THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA ELECTION TO THE TWENTY THIRD CENTRAL COUNCIL- WESTERN INDIA REGIONAL CONSTITUENCY Position NAME OF CANDIDATE AND SERIAL NO. 1 22. Zaware Shiwaji Bhikaji 2 21. Vikamsey Nilesh Shivji 3 8. Hegde Nandkishore 4 19. Shah […]

Where assessment order was based on inadequate or improper enquiry, CIT can invoke jurisdiction u/s 263

December 25, 2015 1313 Views 0 comment Print

In the case of PVS Multiplex (India) Ltd. Vs. CIT Delhi Bench of ITAT held that CIT can pass order u/s 263 where he can hold that AO did not made adequate inquiry. ITAT observed that there is difference between lack of enquiry and Inadequate Inquiry.

Electricity duty is not a tax, duty cess or fee, section 43B is not attracted in respect of electricity duty collected by MSEB

December 25, 2015 3148 Views 0 comment Print

In the case of ACIT Vs. M/s. Maharashtra State Electricity Distribution Co. Ltd. ITAT adjudicated two appeals against the order of CIT (A) who allowed the appeal of assessee in part. Both revenue as well as assessee filed appeal against the order of CIT (A).

Mere Providing stadium with all arrangements for Cricket matches conducted by BCCI is not a business activity carried out u/s 2(15)

December 25, 2015 2406 Views 0 comment Print

In the case of M/s Tamil Nadu Cricket Association Vs. DDIT (Ex.) Madras Bench of ITAT have observed the activities carried out by assessee in nature of charitable or business. After detailed examination it was held that assessee did not engaged in any business or commercial activity and hence liable for the exemption u/s 11.

Where no satisfaction was recorded by AO at the time of search, revenue cannot attain jurisdiction over other person

December 25, 2015 658 Views 0 comment Print

In the case of ACIT Vs. Shivaansh Advertising & Publications Pvt. Ltd. Delhi Bench of ITAT observed the requirements of section 153C provides for taking recourse to assessment in respect of any other person and held the conditions precedent are

Assessee held shares under investment in books, AO in absence of anything contrary can’t held investment as trading

December 25, 2015 1024 Views 0 comment Print

In the case of Shri Vishal Dipak Shah Vs. Addl. CIT Mumbai Bench of ITAT held that Principle of Res judicata does not apply to the income-tax proceedings as each assessment year is a separate and self-contained assessment year. Therefore, the plea of the appellant that he should be allowed a relief on the same lines as he was allowed in the AY 2005-06 does not hold good. On the merits ITAT held that shares held by the assessee in the investment portfolio cannot be treated as stock-in-trade and consequently the transactions are in the nature of investment and not trading.

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