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Addition on account of expected rent higher than actual rent received is not sustainable

December 15, 2015 1073 Views 0 comment Print

ITAT Kolkata held In the case of Oberoi Hotels Pvt. Ltd. vs. DCIT that the AO while applying clause (a) of Section 1 to Section 23, failed to appreciate that in the present case actually let out the property being a farm house is on rent to EIH Limited and if a property is actually let out

Intent to reduce tax liability need to be established before invoking explanation 3 to section 43(1)

December 15, 2015 1131 Views 0 comment Print

ITAT Delhi held In the case of M/s. Continental Device India Ltd. vs. ACIT that Explanation 3 to section 43(1) is not an absolute rule. The Assessing Officer is empowered to substitute the value. However, such a valuation cannot be substituted where there is no intent to reduce the tax liability.

Bangalore International Airport Ltd. [BIAL] is a statutory body u/s 80IA(4)(i)

December 15, 2015 3154 Views 0 comment Print

ACIT Vs. Menzies Aviation Bobba (Banglore) Pvt. Ltd. (ITAT Banglore) Revenue filed above appeal against the order of CIT (A) who held that BIAL is statutory body as per requirement of section 80IA (4) (i) of the Income-tax Act.

ITAT issues direction to furnish list of departmental appeals with tax effect not exceeding Rs. 10 Lakh

December 15, 2015 817 Views 0 comment Print

All representatives are requested to furnish a list of departmental appeals where the tax effect does not exceed the monetary limit of Rs. 10 lakhs and are covered by Circular No. 21/2015 dated 10th December, 2015 issued by CBDT. All possible efforts be made to furnish such information containing requisite details, viz., appeal number, date of filing, name of the assessee etc. in the office of the Assistant Registrar (Judicial) as expeditiously as possible, preferably by 18th December, 2015.

Phase out of R&D Deduction – Whether a step in right direction ??

December 15, 2015 2006 Views 0 comment Print

Press Release dated 20th November provided a framework for phasing out of deductions and exemptions as was announced by the Hon’ble Finance Minister in his budget speech. Vide the said press release it has been provided that: 1. Profit linked, area linked and investment linked deductions will be phased out. 2. Sunset date of 31st March 2017 is provided for commencement of activities for availing tax incentives with no terminal date. 3. No weighted deduction with effect from 1st April 2017.

Accumulated Education Cess Balance: All Hopes in Vain!

December 15, 2015 7593 Views 0 comment Print

Since the announcement of the exemption being granted to the levy of Education Cess and SHE Cess by the Finance Minister in Budget 2015-16, the issue as regards the utilisation of the accumulated balance of Education Cess and SHE Cess has been a sensational issue and a topic for discussion among the assessees and the consultants.

Distinction between “arrears of land revenue” and “dues recoverable as arrears of land revenue”

December 15, 2015 29067 Views 0 comment Print

Outstanding issue which emanates for consideration is distinction between arrears of land revenue recoverable under Section 139 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code’) and dues recoverable as arrears of land revenue under Section 155 (c) of the Code.

Exempttion from making provision for reservation in favour of a person with disability

December 15, 2015 675 Views 0 comment Print

In order to be exempted from making provision for reservation in favour of a person with disability, notification in the Official Gazette has to be duly published by the appropriate Government.

Principles of constructive res judicata is also applicable in writ proceedings

December 15, 2015 7401 Views 0 comment Print

(1) The petitioner herein (Abhay Kumar Kapre) had filed Writ Petition No. 5308/2014 before this Court claiming quashment of advertisement dated 5.9.2014 (Annexure P-1) so far as it relates to relaxation of age in Clause 4(ii) & Clause 4(xi) and claiming age relaxation. This writ petition was disposed of by this Court by order dated 9.9.2015 […]

Fireworks may be disposed soon after its seizure by Custom Department

December 15, 2015 2766 Views 0 comment Print

Notification No. 143/2015- Customs (N.T.) -CBEC Notifies ‘Fireworks’ under Section 110 (1A) of Customs Act, 1962. Now Fireworks may be after its seizure under section 110(1), be disposed of by the proper officer in such manner as the Central Government may, from time to time, determine after following the procedure specified in Section 110.

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