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Refund for Export of Goods Can’t be Rejected Merely for export of Goods through Foreign Post Office

November 10, 2020 3012 Views 0 comment Print

The issue under consideration is whether the denial of the refund to the petitioner against exports of goods outside India on the sole ground that petitioner had exported goods through Foreign Post Offices is justified in law?

Section 14A Disallowance r.w. Rule 8D cannot exceed Exempt Income

November 10, 2020 6342 Views 0 comment Print

Ramalinga Mills Ltd. Vs ACIT (ITAT Chennai) The issue under consideration is whether disallowance of expenditure in relation to exempt income u/s.14A read with Rule 8D of I.T. Rules, 1962 is justified in law? ITAT states that, the facts borne out from records clearly indicate that the assessee has earned dividend for the impugned assessment […]

MCA permits documents due for filing till 30.11.2020 under LLP Settlement Scheme

November 9, 2020 3303 Views 0 comment Print

Timeline for filing of belated documents has been extended upto 30th November, 2020 due to Extension of LLP Settlement Scheme, 2020. General Circular No. 37/2020– MCA permits Any ‘defaulting LLP’ to tile belated documents, which were due for filing till 30th November, 2020 in accordance with the provisions of LLP Settlement Scheme, 2020. if further […]

Intermediary services not amount to FTS & not taxable under India-Sweden DTAA

November 9, 2020 1317 Views 0 comment Print

Bombardier Transportation Sweden AB Vs DCIT (ITAT Delhi) Conclusion: Payment of consideration would be regarded as ‘fee for technical/included services’ only if the twin test of rendering services and making technical knowledge available at the same time was satisfied. Intermediary services rendered by assessee did not make available any technical knowledge, skill etc to BTIN […]

Additions in reopened Assessment not valid if no addition on subject matter of reopening

November 9, 2020 7581 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment is valid even if there is no addition on subject-matter being basis for issuing notice under section 148, rather AO made addition on other counts?

Commission to Director in terms of Employment is Part of Salary: ITAT Delhi

November 9, 2020 23154 Views 0 comment Print

Commission paid to Director in terms of Employment is Considered as Part of Salary. It is also not disputed that TDS has been deducted on such commission as salary. Accordingly, the Revenue’s appeal is dismissed.

Profit margin disclosed by assessee cannot be rejected arbitrarily

November 9, 2020 1320 Views 0 comment Print

The issue under consideration is whether addition made by AO by application of N.P. rate of 8% is justified in law? Profit Margin Cannot be Rejected Arbitrarily due to Rejection of Books of Account

ITAT Allowed Deduction of Municipal Taxes on Area Not Leased Out

November 9, 2020 2670 Views 0 comment Print

Dream Motels (P) Ltd. Vs ITO (ITAT Mumbai) The issue under consideration is whether treating municipal taxes paid is considered as a part of rent liable to be taxed u/s 23 of the act? ITAT states that, upon due consideration of factual matrix, the crystal-clear position that emerges is the fact that as per the […]

HC Again Rejects Petition by CA seeking to direct Institute of Cost Accountants to use acronym ‘ICOAI’ instead of ‘ICAI’

November 9, 2020 1428 Views 0 comment Print

The issue under consideration is whether the petition filed by the CA for seeking to direct the Institute of Cost Accountants of India to use the acronym ICOAI instead of ICAI will be sustain by the High Court?

New e-TDS/TCS RPU Version 3.4 & FUV version 6.9 & version 2.165

November 8, 2020 13899 Views 1 comment Print

Key Features of e-TDS/TCS Return Preparation Utility Ver. 3.4 for Regular & Correction Statement(s) from FY 2007-08 onwards 1. Section codes 194LBA(a) and 194LBA(b) for Form 26Q:- Existing section code 194LBA has been sub-divided into below mentioned two sections: 194LBA (a) – Certain income in the form of interest from units of a business trust […]

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