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Expense on buy-back of shares is revenue expenditure

October 6, 2020 9531 Views 0 comment Print

DCIT Vs Ocwen Financial Solutions Pvt. Ltd.(ITAT Bangalore) Facts- 1. Treatment of expenditure incurred on buy-back of shares- An assessee has spent amount of INR 8,90,961 on buy-back of shares and debited the same to Profit & Loss Account treating the same as ‘revenue expenditure’. AO treated the same as ‘capital expenditure’. 2. Set-off of […]

Compensation on Builder as per RERA if is Delay in Handing Over Possession

October 6, 2020 7221 Views 0 comment Print

The issue under consideration is whether Compensation will be levied on to the builder as per RERA if there is a delay in handing over the possession to the purchaser?

ITAT Grants the Stay of Demand for 2nd Time to Assessee as MAP Proceedings are Still Pending

October 6, 2020 1116 Views 0 comment Print

The issue under consideration is whether the stay of demand will be granted for the 2nd time to the assessee or not?

Re-opening of concluded assessment not valid if no failure on the part of petitioner to disclose fully & truly all material facts

October 5, 2020 1218 Views 0 comment Print

State Bank of India Vs. Vineet Agrawal (Bombay High Court) we are of the considered opinion that no reasonable view can be taken that there was failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment for the assessment year 1990-91. If that be so then […]

8 Recommendations of the 42nd GST Council Meeting

October 5, 2020 26829 Views 1 comment Print

Ministry of Finance Recommendations of the 42nd GST Council Meeting Posted On: 05 OCT 2020 The 42nd GST Council met under the Chairmanship of Union Finance & Corporate Affairs Minister Smt Nirmala Sitharaman through video conferencing here today. The meeting was also attended by Union Minister of State for Finance & Corporate Affairs Shri Anurag […]

Cenvat Credit Can’t be Denied for Export of Exempted goods Outside India

October 5, 2020 2277 Views 0 comment Print

The issue under consideration is whether the lower authority is correct in stating that the appellant is not entitled to avail credit of duty paid on inputs used in the manufacture of exempted goods since they have cleared the said exempted goods for export outside India?

ITAT Deletes section 271C Penalty for Failure to Deduct TDS on LTA

October 5, 2020 5817 Views 0 comment Print

The issue under consideration is whether the penalty u/s 271C levied due to failure to deduct tax at source (TDS) on LTA paid to employee is justified in law?

Depreciation cannot be disallowed under section 40(a)(ia)

October 5, 2020 4878 Views 0 comment Print

Wipro Limited Vs Addl. CIT (ITAT Bangalore) Claim of depreciation on software- Depreciation claimed by the assessee on the amount of software capitalized was disallowed invoking provisions of section 40(a)(ia) for non-deduction of tax at source. Held, depreciation is a statutory allowance and hence it cannot be considered as expenditure. Accordingly, disallowance of depreciation cannot […]

Deduction Claimed as R&D Expense For Development on Mechanism to Produce Customised Products Allowed

October 5, 2020 11970 Views 0 comment Print

The issue under consideration is whether deduction can be claimed under Research and Development (R&D) for Amount incurred towards development on a mechanism to produce customised products?

Section 263 Revision Not Sustainable for mere Inadequacy of Enquiry /Insufficiency of Material on Record

October 5, 2020 1245 Views 0 comment Print

The issue under consideration is whether mere inadequacy of an enquiry or insufficiency of material on record can be a ground to invoke revisional powers u/s 263 of the Income Tax Act, 1961?

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