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Section 2(15) Hostel accommodation provided to various invitees could be considered as commercial activity? 

June 29, 2015 3120 Views 0 comment Print

The predominant activities of the centre was not to earn income but to provide facilities for disseminating or exchanging knowledge as per the object of the society The dominant object of the assessee is definitely for the well being of public at large by organizing various seminars for

Loss on account of intraday trading in shares settled through clearing difference bills is not speculative in nature

June 29, 2015 3038 Views 1 comment Print

Clearing difference has been determined on the basis of statement of purchase and sales of shares of security made on assessee’s behalf by the broker. CIT(A) decided this issue after examining the ledger accounts maintained by the assessee and contract notes issued by the broker.

Release of Mobile Application for DGFT related services

June 29, 2015 391 Views 0 comment Print

It is the endeavour of DGFT to provide various trade related information in electronic format. At present this information is available on the website of the DGFT (http://www.dgft.gov.in). As part of trade facilitation, DGFT has now developed a mobile application which has been released for the Android platform. Mobile app has the following features:

Penalty u/s 271(1)(c) in search assessment is tenable only if some incriminating material found during search

June 29, 2015 1682 Views 0 comment Print

Assessee is not liable to penalty u/s 271(1)(c) of the I.T. Act since the same was not based on any incriminating material found during the course of search. The addition was based on the basis of loan creditors found from the balance sheet already filed prior to the search along with the original return of income.

Sponsorship charges on study of daughter of Director allowable if made out of business exigency

June 29, 2015 2062 Views 0 comment Print

Sponsorship charges incurred by the assessee company on study of daughter of the Director of the company abroad was not held to be of Personal Nature in view of the fact that study was sponsored by the assessee-company for its business exigency. Moreover she, being a Deputy General Manager of the assessee company, has entered into an agreement with the assessee company to serve the company for at-least five years post completion of studies abroad.

No depreciation allowable on ‘identifiable fixed assets if not used for Business purpose at all’

June 29, 2015 7068 Views 0 comment Print

It was held that it is undisputed fact that the ‘Jorhar Unit’ of the assessee did not function at all in the present year and its assets although part of block of assets are identifiable and therefore as per provision of section 38(2) of the Act, depreciation is not allowable because assets of this unit were not used for business purposes in the present year.

Dignified Self-Employment: Income Tax Practitioner

June 29, 2015 19421 Views 9 comments Print

The ‘Income Tax Practitioner’ is a noble & dignified profession for those who have just passed out an ‘accountancy examination’, or have just acquired a ‘Degree in Commerce or Law’. They could take up this Profession of Practicing in Income Tax Law, basing on one’s own abilities.

Deduction of Depreciation as well of Capital Expenditure U/s. 11 In Case of Trusts not amounts to Double Deduction

June 29, 2015 2058 Views 0 comment Print

Whether CIT (Appeals) erred in directing the Assessing Officer to allow depreciation on fixed assets without appreciating the fact that the capital expenditure incurred on acquiring the assets has already been claimed as application of income u/s. 11 of the I. T. Act 1961 in the current / past years.

AO cannot decide reasonableness, commercial expediency of expenditure incurred by Assessee

June 29, 2015 10983 Views 0 comment Print

ITAT Mumbai held that the ad hoc disallowance made by the AO was not based on any scientific or logical basis. It is a fact that the books of the assessee are audited and no discrepancy was pointed out by the AO about the accounts maintained by him. Cash vouchers were supported by the documentary evidences

CIT Cannot Deny Registration of Trust U/S 12AA without Examining Activities & Objects of Trust

June 29, 2015 1039 Views 0 comment Print

According to the provisions of section 12AA of the I.T. Act, the Commissioner, on the receipt of Application for registration of a trust or institution shall (a) call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust

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