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Interest on Loan taken for Machinery allowable from the date it put to use

November 7, 2015 1757 Views 0 comment Print

ITAT Ahmedabad held In the case of Ashima Dyecot Limited vs. DCIT that interest on capital borrowed for plant & machinery which already has put to use for commercial production is allowed u/s 36 (1) (iii). In the given case,

ITAT allows Exemption u/s 54EC on short term capital gain from sale of depreciable assets

November 7, 2015 2496 Views 0 comment Print

ITAT Mumbai held in ITO Vs Legal Heir of Shri Durgaprasad Agnihotri that to respect the decision given by jurisdictional Hon’ble High Court in CIT vs. Ace Builders (P.) Ltd. [2006] 281 ITR 210 (Bom) it was upholding the decision given by CIT(A) that the exemption u/s 54EC

Profit Exempt U/s. 10AA not to be included in calculation of Book Profit U/s. 115JB

November 7, 2015 3881 Views 0 comment Print

ITAT held in ITO Vs M/s.Last Peak Data Pvt. Ltd that if the assesse was an existing recognized Software Technology Park (STP) then it would be considered at par at of Special Economic Zone(SEZ) and exemptions available to SEZ would also be available to STP

Bogus Purchase- Mere Adjustment in Purchase without disturbing Sales not Justified

November 7, 2015 1742 Views 0 comment Print

ACIT vs Advert Communication ( ITAT Delhi) 1.If addition has to be made for bogus purchases then sales should also be disturbed ; 2.Until and unless both parties don’t confirm the cessation of liability then addition cannot be made u/s 41(1); 3.

Pooja & Temple expenses allowable as related with harmony of business

November 7, 2015 10219 Views 0 comment Print

JCIT Vs M/s Gillander Arbithnot & Co. Ltd (ITAT Kolkata) 1.Assessee would be allowed deduction of payment of employees contribution of ESI and PF if it paid the same before the due date of filing of return u/s 139(1). 2. Pooja & Temple expenses would be allowed as a business expenditure because it was related with the harmony of business so business expenditure.

Registration u/s 12AA cannot be denied to partly religious & partly charitable trust

November 7, 2015 856 Views 0 comment Print

ITAT Bangalore held in Sri Maramma Temple Seva Trust Vs CIT that even if the objective of an organization was both religious and charitable then also registration u/s 12AA could not be denied on the basis that registration could only be granted either to wholly religious

Swachh Bharat Cess on all taxable services from 15.11.2015

November 6, 2015 41432 Views 39 comments Print

Notification No. 22/2015-Service Tax Government has decided to impose, with effect from 15th November 2015, a Swachh Brarat Cess at the rate of 0.5% on all services, which are presently liable to service tax. This will translate into a tax of 50 paisa only on every one hundred rupees worth of taxable services. The proceeds from this cess will be exclusively used for Swachh Bharat initiatives.

Govt notifies date of applicability of Swachh Bharat Cess

November 6, 2015 29710 Views 1 comment Print

Notification No. 21/2015-Service Tax In exercise of the powers conferred by sub-section (1) of section 119 of the Finance Act, 2015 (20 of 2015), the Central Government hereby appoints the 15th day of November, 2015 as the date with effect from which the provisions of Chapter VI of the said Act, shall come into force.

Companies Share Capital and Debentures Third Amendment Rules, 2015

November 6, 2015 2189 Views 0 comment Print

G.S.R. .—In exercise of the powers conferred by sub-sections (1) and (2) of Section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Share Capital and Debentures) Rules, 2014, namely:—1. (1) These rules may be called the Companies (Share Capital and Debentures) Third Amendment Rules, 2015.

Discount on shares under ESOPs is allowable expenditure

November 6, 2015 990 Views 0 comment Print

ITAT Chandigarh held In the case of M/s GlaxoSmithKline Consumer Healthcare Ltd vs. The JCIT that it is a settled law that an unascertained liability has to be allowed even if the same is quantified on a future date.

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