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Aim & object of expenditure would determine character of payment- HC

October 5, 2015 2608 Views 0 comment Print

In the case of Sandvik Asia Limited vs. DCIT, Bombay High Court held that the payment made by the Appellant in its nature is different from a payment made to protect the property. In fact, Supreme Court in the case of Assam Bengal Cement Co. Ltd. v/s. CIT 27 ITR 34

Is it Possible to Avoid Anger?

October 4, 2015 1948 Views 0 comment Print

Anger is the negative emotion a person gets in reaction to the frustration or displeasure experienced. Usually, it happens when events go against one’s expectations. A family planned for a movie show, but the same was canceled as the father came late. T

Penalty cannot be imposed for mere non acceptance of evidences during Quantum Assessment

October 3, 2015 946 Views 0 comment Print

In the case of M/s Blessing Construction vs. ITO The Ahmedabad Tribunal has held Merely because the Assessing Officer or the ITAT did not consider the evidences to be sufficient for the purpose of explaining the cash credit u/s 68, it will not automatically lead to levy of penalty u/s 271(1)(c).

TDS on exempt income allowable in the year of deduction of Tax

October 3, 2015 1850 Views 0 comment Print

Brief of the case- ITAT Ahmedabad held in the case of Arvind Murjani Brands Pvt Ltd vs. ACIT that As the amount on which tax was deducted at source is not at all chargeable to tax, then the command of section 199 will have to be harmoniously and pragmatically read as providing

Character of land at the time of sale relevant to consider nature of income, period of holding not relevant

October 3, 2015 1471 Views 0 comment Print

In the case of Smt. C. Vijay Kumari vs.ITO the Hyderabad ITAT has held that addition made by AO to the total income of the assessee on account of profit arising from sale of agricultural land treating the same as business income instead of capital gains claimed by the assessee as exempt

Disallowance of interest on presumption of use in capital work-in-progress not sustainable

October 3, 2015 2789 Views 0 comment Print

In case of JCIT vs. Riddhi Siddhi Gluco Biols Ltd. The Ahmedabad tribunal has held that Interest free funds available with assessee was much more than the interest free loan given by the assessee. A.O made proportionate disallowance merely on the presumption that the proportionate borrowed money must have been utilized for investment in capital work-in-progress. Relying on decision

Deduction U/s. 10A cannot be disallowed for mere belated receipt of export proceeds

October 3, 2015 1706 Views 0 comment Print

In case of ITO VS. M/s.Testree Solutions Pvt. Ltd, ITAT Bangalore held that the export proceeds received after the expiry of the period of six months from the end of the relevant previous year was to be allowed as a deduction u/s 10A .

No addition for expense shown in projected P&L A/c without showing corroborative evidences

October 3, 2015 804 Views 0 comment Print

In the case of DCIT vs. M/s. Vaghasia Associates, ITAT Ahmedabad held that merely because some estimated labour payment was written on the projected profit & loss account, the addition for unexplained expenditure cannot be made.

Wealth Tax Exemption for Commercial property available if used for business by others

October 3, 2015 2379 Views 0 comment Print

In case of ACIT vs. M/s. Prasad Machinery Pvt. Ltd. (ITAT Ahmedabad) assessee was owner of factory building. It allotted certain space therein to its sister concern for enabling it to carry on their business in lieu of charging rent.

Functionally dissimilar company cannot be considered as comparable for computation of ALP

October 3, 2015 849 Views 0 comment Print

In case of M/s. AT & T Global Business Services India Pvt.Ltd. VS. ITO , assessee-company, engaged in business of software development and providing application services to its AE. TPO on basis of mean margin earned by his own set of comparables

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