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Section 54F exemption allowable before Intra Head Adjustment of Losses

August 11, 2020 5214 Views 0 comment Print

whether it is lawful to first compute capital gain after doing intra head adjustments and whether the deductions u/s 54F should be allowed from the net income computed after intra head adjustments?

Section 87 Recovery proceedings can be initiated only after completion of adjudication process

August 11, 2020 7809 Views 0 comment Print

The present petition is filed by the petitioner for requesting to quashing the notices issued by the  Commissioner for levying tax alongwith interest and attaching bank account of the petitioner.

HC to GST Council- Decide GST Rate for Ayurvedic Sanitizer

August 11, 2020 897 Views 0 comment Print

The High Court forwarded the application to GST Council for appropriate consideration of exact GST rate applicable on Ayurvedic/ Unani/ Sidha (AUS) ingredient based sanitizers in accordance with law. Accordingly the petition is disposed off with the hope that the same shall be taken up for consideration by the Council at the earliest, considering the issue involved.

Section 14A disallowance cannot Exceed Exempt Income: ITAT Mumbai

August 11, 2020 2838 Views 0 comment Print

S. Vinodkumar Diamonds, Pvt Ltd. Vs DCIT (ITAT Mumbai) The issue under consideration is whether the disallowance u/s 14A can exceed the exempt income? ITAT states that during the year under consideration the assessee has earned exempt income of Rs. 1.62 lakhs only. The AO disallowed interest expenses under Rule 8D(ii) of Rs. 30,13,853/-. They […]

Service Tax will not form part of aggregate amount for section 44BB

August 10, 2020 1050 Views 0 comment Print

The issue under consideration is whether amount of service tax being statutory levy, received by assessee from its customers was to be included in calculating the aggregate amount referred to in sub-section (2) of Section 44BB of the Act?

SC dismisses plea challenging exclusion of CM Relief Fund from CSR

August 10, 2020 1689 Views 0 comment Print

The Supreme Court dismissed the petition filed by the assessee challenging decision of Central Government to excluding Chief Minister’s Relief Fund from the purview of Corporate Social Responsibility (CSR).

60% depreciation eligible on UPS as Part of Computer & Peripherals

August 10, 2020 14688 Views 0 comment Print

The issue under consideration is whether the UPS is considered as essentially part of computer system and depreciation at rate of 60% charged on it?

Unabsorbed depreciation can be Carried Forward even if ITR Not filed within Due date

August 10, 2020 33705 Views 0 comment Print

Addl. CIT Vs Nortel Networks India Pvt. Ltd (ITAT Delhi) The issue under consideration is whether the Unabsorbed depreciation can be carried forward even if Income Tax Return has not been filed within period of Due date? ITAT states that, the assessee filed return beyond the due date prescribed u/s 139(1) of the Act. In […]

Receipt on Surrender of Tenancy/Sub-tenancy Rights Not Taxable as Capital Gains

August 10, 2020 51594 Views 1 comment Print

Yogini Mohit Sahita Vs ITO (ITAT Mumbai) The issue under consideration is whether amount received on surrender of such tenancy/sub-tenancy rights would be taxable as capital gains? In the instant case, Smt. Saraswati Vithaldas Sahita occupied the said flat at 2nd floor of the building known as Gangasagar on license basis. This is crystal clear […]

Assessment reopening based on Wrong Appreciation of Facts is unsustainable

August 10, 2020 1359 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 on the basis of wrong appreciation of facts can be sustained in law?

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