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Conversion of Cumulative compulsory convertible preference shares into equity shares is not a transfer

February 13, 2019 42939 Views 1 comment Print

Conversion of cumulative and compulsory convertible preference shares(CCPS) into equity shares cannot be treated as ‘transfer’ under section 2(47) and no capital gain is to be computed upon such conversion.

S. 80IB Each new project for a new film cannot be considered as split up or reconstruction of existing business

February 12, 2019 2247 Views 0 comment Print

Assessee-producer having film production unit entitled for income tax deduction under section 80IB as assessee was running a production house and each new project for a new film, could not be considered as split up or reconstruction of the business already in existence. 

Income Tax Refund and Return filed during last 3 Financial Years

February 12, 2019 2061 Views 0 comment Print

The level of income-tax compliance has continuously increased over the last three Financial Years, which is reflected in the number of Income-Tax Returns filed over this period, as given hereunder: – S.No. Financial Year Total Number of Income Tax Returns filed Percentage increase over previous Financial Year (a) (b) (c) (d) 1 2015-16 4.63 Crore […]

Toll charge Collection on behalf of corporate entity liable to service tax under BAS

February 12, 2019 1401 Views 0 comment Print

Compensation received by assessee in respect of collection of toll and other assorted services on behalf of the corporate entity backed by Government was liable to service tax under the head ‘Business Auxiliary Services’ (BAS).

Receipt of compensation by Sushmita Sen in lieu of settlement of a sexual harassment case not liable to tax

February 12, 2019 3807 Views 0 comment Print

Amount received by SushmitaSen from Coca Cola Company in connection with settlement of a sexual harassment case was not liable to tax as the compensation received could not be termed as any benefit, perquisites arising to the assessee out of the exercise of profession.

ITAT on Eligibility of Education expenses by company for its Director

February 11, 2019 8379 Views 0 comment Print

Expenditure incurred by assessee on education of director was incurred in furtherance of assessee’s business interest and hence, allowable.

Payment to non-resident to purchase advertisement space for resale to advertisers in India constitutes Royalty

February 10, 2019 8742 Views 0 comment Print

Payment to non-resident towards purchase of advertisement space for resale to advertisers in India constituted ‘Royalty’ under section 9(1)(vi) and assessee was under an obligation to withhold tax under section 195.

Depreciation allowable on Right to operate project facility & collect toll charges

February 10, 2019 2604 Views 0 comment Print

DCIT Vs Progressive Constructions Ltd. (ITAT Hyderabad) Expenditure incurred for gaining right to operate the project facility and collect toll charges resulted into an intangible asset eligible for depreciation Conclusion: Expenditure incurred by assessee of Rs.214 crore for creating the project or project facilities had created an intangible asset in the form of right to operate […]

ICAI E-publication on Supplies by/to Government under GST

February 9, 2019 1707 Views 0 comment Print

GST is levied on goods and services on supplies for a consideration in the course of business wherein in definition of business includes that any activity or transactions undertaken by the Central/State Government. However, certain exemption has been provided in regard to supplies made to Government and supplies made by Government. Except a few, most […]

Addition not justified in section 153A assessments where no incriminating material found

February 9, 2019 3783 Views 0 comment Print

Additions could not be made in respect of assessments already completed if no incriminating material was found during search or during 153A proceedings.

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