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High Court Allows to File Revised Returns for FY 2017-18 under DVAT

October 5, 2020 1479 Views 0 comment Print

In the instant case, petitioner seeks a direction to the respondent authorities to allow the petitioner’s revision of returns for the year 2017-18 as per the provisions of DVAT Act and Rules.

Exchange fluctuation loss related to acquiring of fixed asset was capital loss

October 5, 2020 4848 Views 0 comment Print

Continuum Wind Energe (India) Pvt. Ltd. Vs DCIT (Madras High Court) Conclusion: Amount paid towards the premium for hedging foreign exchange fluctuations was capital loss as exchange difference was required to be capitalized because liability had been incurred by assessee for the purpose of acquiring fixed asset namely plant and machinery. Held:  Assessee had file […]

TDS on purchase of licensed software cannot be made retrospective

October 5, 2020 37044 Views 0 comment Print

The decision holding that the payments made for purchase of software was in the nature of royalty came to be pronounced on 15.10.2011. Accordingly, assessee could not be treated as an assessee in default for not deducting TDS under section 195 in respect of payments made for purchase of licensed software prior to 15.10.2011.

Deduction u/s 54F Allowed Even if Construction of New House Commenced Prior to Transfer of Asset

October 4, 2020 2625 Views 0 comment Print

The issue under consideration is whether the assessee would be entitled for deduction u/s 54F if construction of house is commenced prior to the transfer of the asset?

Depreciation on car Registered in partners or directors name

October 3, 2020 88860 Views 6 comments Print

Income-tax Department cannot refuse the claim for depreciation on a vehicle owned by a company or a firm, on a mere ground that it is not registered in its name, but stands in the name of its director or partner. Interestingly, there is no decision of any court or the Tribunal that has taken a contrary view on the subject.

Submission of ITR V and Related FAQs

October 3, 2020 63950 Views 64 comments Print

It has been proposed under the IT Circular 3/2009 that if the return is electronically furnished under a digital signature, the tax-payer is not required to furnish the Form ITR-V with the Income-tax Department as a follow up to the electronic transmitting of data in the return. Similarly, any return which is digitally signed by the assessee and filed with an E-Return Intermediary (ERI), who, in turn, submits the return to the Income Tax Department under his digital signature, will also be deemed to have been filed under a digital signature of the assessee and no Form ITR-V is required to be submitted. In such cases, the date of electronic transmission of the data in the return shall be the date of furnishing the return.

What makes an Income Accrue or Arise in India although earned outside India?

October 3, 2020 47706 Views 9 comments Print

A look at what constitutes as Income on Indian soil and what is not from the perspective of the IT department. The IT department defines certain incomes as Accruing or Arising in India. This is the basis of calculating your income and income tax. Let’s know more. The IT department says that for any company […]

Can excess TDS Paid for last FY can be adjusted against current FY

October 3, 2020 183776 Views 20 comments Print

The answer is ‘NO’ there is no such provisions in the Income tax Act /rules to adjust the same by assesee himself. If the excess is related to perriod up to 31.03.2010 then Assesssee can claim refund of the same as per the provisions of CIRCULAR NO. 2/2011 [F.NO. 385/25/2010-IT(B)], DATED 27-4-2011 . Detailed analysis of the same can be seen on the link given below:-

Section 14A disallowance 14A & Reporting in Tax Audit Report

October 3, 2020 34107 Views 0 comment Print

Clause 17(l) – Amount of deduction inadmissible in terms of section 14A in respect of the expenditure incurred in relation to income which does not form part of the total income; This clause was inserted by the notification number 208/2006 dated 10th August 2006. Section 14A was inserted in Chapter IV – Computation of total income by the Finance Act, 2001

SEBI extends tenure of Smt. Madhabi Puri Buch as Whole-Time Member upto 04.10.2021

October 3, 2020 390 Views 0 comment Print

Central Government hereby extends the tenure of appointment of Smt. Madhabi Puri Buch as Whole-Time Member of the Securities and Exchange Board of India for a further period of one year beyond 04.10.2020 upto 04.10.2021 or until further orders, whichever is earlier.

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