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Deduction U/s. 80HH allowable from Gross Profits Instead of Net Income

March 19, 2019 8094 Views 0 comment Print

Reading of Section 80HH along with Section 80A would clearly signify that such a deduction has to be of gross profits and gains, i.e., before computing the income as specified in Sections 30 to 43D of the Act.

ITAT kept Decision on taxability of interest on compensation under Motor Vehicle Act pending till SC Verdict

March 18, 2019 1644 Views 0 comment Print

Conclusion: AO was directed to wait  in respect of tax ability of interest income received from the insurance company on MACT claim till the Supreme Court pronounce a judgement in Sharda Pareek v. Assistant Commissioner of Income Tax & another as the same issue was pending before the Court.

No addition for duly explained Past Savings Kept in Locker

March 18, 2019 1353 Views 0 comment Print

Shri Dinesh Goswami Vs DCIT (ITAT Indore) When Source of Income Fully Explained Past Savings Kept in Locker is Justifiable in Law FACTS – Search was carried out on 30.11.2012 on the premises of assessee. Notice u/s 153A was issued to assessee to file return for AY 2007-08 to AY 2012-13. During the search cash […]

Erroneous TDS claim not authorise AO to bring professional receipts to tax

March 18, 2019 1299 Views 0 comment Print

Where assessee had erroneously taken credit for prepaid taxes on account of gross professional receipts as per Form 26AS ; then having regard to Rule 37BA, Revenue would be justified in denying credit for such amount of prepaid taxes which were not assessable during the year on the basis of regular method of accounting followed by the assessee.

Section 40(a)(ia) can’t be invoked in absence of amount claimed as expenditure

March 18, 2019 3039 Views 0 comment Print

Section 40(a)(ia) can be applied only when amount sought to be disallowed has been claimed as an expenditure/deduction. In absence of the amount having been claimed as expenditure while determining the income, dis allowance would not be attracted.

Applicability of transfer pricing provisions to investment made on capital account

March 18, 2019 13308 Views 0 comment Print

Transfer Pricing provisions on shares purchased at value in excess of FMV was not applicable as the same could only be invoked to bring to tax any income arising from an international transaction.

Income Tax Dept conduct searches 5 locations in J & K

March 17, 2019 618 Views 0 comment Print

Income Tax Dept conducted searches at 5 locations in Jammu & Kashmir region on 14/3/19. The actions are part of Deptt’s continued drive against use of black money by disruptive elements in the State; also send message of deterrence 2 those intending 2 vitiate democratic process of free & fair election. Prominent LOC trader who […]

NCLT Has Jurisdiction Over Issues Related to Insolvency – Delhi HC

March 16, 2019 3801 Views 0 comment Print

National Company Law Tribunal shall have jurisdiction to entertain or dispose of any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under the Code

Legal Fees paid for transfer of Shares allowable as deduction from LTCG

March 16, 2019 12552 Views 0 comment Print

Legal and professional fees paid in connection with the transfer of shares was allowable as deduction from long term capital gain under section 48(i) as the expenditure incurred was wholly and exclusively in connection with the transfer of shares of the Indian Subsidiary.

Exemption U/s 54F allowable on capital gain on sale of depreciable assets

March 16, 2019 7404 Views 0 comment Print

Assessee was entitled to claim exemption under section 54F on gain earned on the sale of factory shed as factory shed inherently being long-term capital asset as per the provision of Section 2(42A) even if sale of factory shed was subject to short-term capital gain on the basis of deeming provision as specified under section 50.

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