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No disallowance u/s 14A if no exempt income earned or received

September 12, 2015 7954 Views 0 comment Print

Delhi High Court held in the case of Cheminvest Ltd. v. CIT that No disallowance u/s 14A can be made in a year in which no exempt income has been earned or received by the assessee. Section 14A of Income Tax Act, 1961 does not apply to shares bought for strategic purposes.

Forward contract loss from hedging for foreign exchange fluctuation is allowable deduction

September 10, 2015 4894 Views 0 comment Print

ITAT Mumbai has held in the case of ACIT vs. M/s Venus Jewel that Loss on account of forward contract entered into by the assessee to hedge against the loss arising on account of fluctuations in foreign exchange is an allowable deduction.

S.54 Exemption on advance to builder- Non completion of construction & transfer of title

September 4, 2015 8706 Views 1 comment Print

ITAT Mumbai has held in the case of Hasmukh N. Gala vs. ITO that Giving advance to builder constitutes ‘purchase’ of new house even if construction is not completed and title to the property has not passed to the assessee within the prescribed period.

A liaison office of a foreign co identifying suppliers/ material is not a permanent establishment under Article 5 of India-USA DTAA

September 3, 2015 1592 Views 0 comment Print

Columbia Sportswear Company vs. DIT (Karnataka High Court)- A liaison office of a foreign company which identifies a manufacturer in India, negotiates the price, helps in choosing raw material to be used, ensures compliance with quality,

Scope of additions that can be made in a pending assessment and in a completed assessment pursuant to a search u/s 132

September 2, 2015 2671 Views 0 comment Print

Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course

Analysis of CBDT’s Explanatory Circular on Provisions of Black Money Act, 2015

August 6, 2015 1667 Views 0 comment Print

THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX ACT, 2015 (referred to here as ‘the Act’) as passed by the Parliament received the assent of the President on the 26th of May 2015. It levies tax on undisclosed assets held abroad by a person who is a resident in India at the rate of 30 percent of the value of such assets, provides for a penalty equal to 90 percent of the value of such asset, and also provides for rigorous imprisonment of three to ten years for wilful attempt to evade tax in relation to a undisclosed foreign income or asset.

Entire capital gains have to be included without computing benefits of indexation while computing 'book profits'

August 3, 2015 1657 Views 0 comment Print

115JB lays down that every assessee for the purpose of this section shall prepare its Profit & loss account for the relevant previous year in accordance with the provisions of part II & III of Schedule 6 of the Companies Act, 1956.

Allowing credit period to the AE has to be considered along with main international transaction of sale of goods

July 31, 2015 1038 Views 0 comment Print

The transaction of allowing credit period to the AE on realization of sale proceeds is not an independent transaction and has to be considered along with the main international transaction of sale of goods.

No obligation to deduct TDS on amounts paid as reimbursement of expenses

July 30, 2015 18355 Views 0 comment Print

Delhi High Court in the case of CIT vs. DLF Commercial Project Corp held that There is no obligation to deduct TDS on amounts paid as reimbursement of expenses because it do not have the character of income.

Rental Income from Sublease of Office Premises to be Considered for Section 10A Benefit

October 28, 2014 2955 Views 0 comment Print

Karnataka High Court rules rental income from sub-lease of office premises as part of business profits eligible for Section 10A deduction.

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