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Section 10A: Internet Charges deductible from both Export & Total Turnover

February 10, 2017 2100 Views 0 comment Print

ITAT have consistently held that the internet charges have to be excluded both from the export turnover as well as from the total turnover while computing deduction u/s 10A of the Act.

Guide to ITDREIN Registration and Upload of Form 61 / 61A

February 10, 2017 312150 Views 19 comments Print

Users who have already registered in e-Filing portal can use this functionality to generate ITDREIN (Income Tax Department Reporting Entity Identification Number) and upload certain forms in e-Filing portal using the generated ITDREIN.

Discount on Property Purchased from Broker is Capital Receipt

February 10, 2017 2655 Views 0 comment Print

ITAT Delhi held that any receipt directly and intimately linked with the procurement of capital asset is in the nature of capital receipt and not a revenue receipt. So such brokerage cannot be taxed in the hand of property buyer.

TDS not applicable on Reimbursement to Sister Concern

February 10, 2017 3279 Views 0 comment Print

Delhi HC remanded the matter to AO to verify that claim towards the payment of Rs.3,19,66,460/- does not include any income component and if it constitutes reimbursement, the question of application of Section 40(a)(ia) would not arise.

Sec 14A r.w. rule 8D not applies if assessee has kept shares as stock in trade

February 10, 2017 2073 Views 0 comment Print

Assessing Officer had treated the claim of long term capital gain as business income. The assessee did not object to that. In such situation there could be no application of Section 14A for disallowance of expenditure incurred to earn exempt income.

Purchases cannot be treated as bogus based on mere statement of vendors

February 10, 2017 2064 Views 0 comment Print

The assessee, a civil contractor, filed his return of income for A.Y. 2010-11 on 25.09.2010 declaring income of Rs. 30,65,277/-. The case was taken up for scrutiny and the assessment completed under section 143(3) of the Income Tax Act, 1961 (in short the Act) vide order dated 14.03.2013 wherein the income of the assessee was determined at Rs. 25,11,68,150/- in view of the following additions/disallowances

Assessee cannot seek restoration of Appeal withdrawn on advise of her Advocate without submitting Advocates letter

February 10, 2017 1914 Views 0 comment Print

In the present facts there is nothing on record in the form of the Advocates letter, etc. to indicate that the petitioner acted upon his legal advise and the same was wrong. Therefore, whether the petitioner acted on advise of his Advocate or not is itself a subject matter of debate. Thus taking the application outside the scope of Section 254(2) of the Act.

Financial close out & Auction framework for corporate bonds

February 10, 2017 816 Views 0 comment Print

SEBI vide circulars no. CIR/MRD/DP/03/2013 January 24, 2013, and no CIR/MRD/DP/ 27 /2013 dated September 12, 2013 issued guidelines for providing dedicated debt segment in the stock exchange for trading, clearing and settlement of debt securities including trading, clearing and settlement of corporate bonds.

Retired VAT Officer can be appointed as member of VAT Tribunal: HC

February 10, 2017 1428 Views 0 comment Print

Mere fact that at one point of time, the officer was working with the Commercial Taxes Department, cannot be a reasonable suspicion to disqualify him for appointment.

Section 80IA deduction cannot be restricted merely for low net profit Ratio of Unit of Assessees wife

February 10, 2017 852 Views 0 comment Print

Sub-­section (10) of Section 80IA of the Act, cannot be invoked in the facts of the present case to restrict its deduction under Section 80IB of the Act on the basis of the profits of the Appellant’s wife unit at Valsad.

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