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RTGS System – Implementation of Positive Confirmation

November 15, 2018 3030 Views 0 comment Print

This document outlines the process flow for electronic credit acknowledgement message (camt.059) to the remitter bank by the beneficiary bank after successful credit to the beneficiary account.

Reassessment for non-examination of one aspect of deduction during Original Assessment is invalid

November 14, 2018 822 Views 0 comment Print

Hitech Outsourcing Services Vs CIT (Gujarat High Court) We have noticed that the Assessing Officer in teh original assessment proceedings had examined the assessee’s claim of deduction under section 10B of the Act. It is not as if such claim went unnoticed or unscrutinized. He wanted to be specific about the assessee’s claim for deduction […]

Money or payment received in trust and in fiduciary capacity, should not be treated as income

November 14, 2018 2250 Views 0 comment Print

CIT Vs Society for Indian Automobile Manufactures (Delhi High Court) Ministry had sanctioned Rs.1,474.10 lacs ( including cost of land) for setting up Model Inspection & Certification Centres. The respondent/assessee was to execute this project for and on behalf of the Ministry. The amount received was in form of a financial sanction and not a […]

Section 40(a)(ia) applies only when there is no TDS deduction

November 14, 2018 3393 Views 0 comment Print

Once there was compliance to TDS provisions, even if there was short deduction of TDS or TDS had been deducted under different sections, there was no scope for AO to disallow expenditure under section 40(a)(ia) as provisions under section 40(a)(ia) is applicable only when there is no TDS deduction.

Deduction of interest on borrowed capital U/s. 24(b) on building demolished during the year

November 14, 2018 2952 Views 0 comment Print

Deegee Software (P) Ltd. Vs ITO (ITAT Mumbai) As long as the ‘annual value’ of a property can be determined under 23, there would be no embargo, as regards claim of ‘interest on borrowed capital’ under section 24(b).  Though a restriction as regards the quantum of deduction, is provided in the first proviso of section […]

Goods seized as were not accompanied by E-way bill; HC allows release on furnishing security

November 14, 2018 1071 Views 0 comment Print

Abhay Traders Vs. State of U.P. & Ors (Allahabad High Court) The goods of the petitioner in transportation along with the vehicle was seized under section 129 of the Uttar Pradesh Goods and Services Tax Act, 2017 on 2-6-2018 for the reason that they were not accompanied by the E-way bill. The submission of learned […]

Sec. 153C Addition cannot be made merely based on Dumb documents

November 13, 2018 6249 Views 0 comment Print

When dumb documents like loose sheets of papers are recovered and revenue wants to make use of it, onus rests on the Revenue to collect cogent evidence to corroborate the noting therein. As AO failed to do so, addition made under section 153C was deleted.

Mere affidavits of CAs not sufficient to Condone Delay in Filing Appeal

November 13, 2018 1743 Views 0 comment Print

The only change in facts is that there are divergent statements by way of affidavits from two Chartered Accountants, one in favour of the assessee and one is against the assessee. Except this the assessee has not brought out any records to prove its bonafide attempts made in filing appeal against the order passed by the AO.

Transfer Pricing- AMP expenses-Brand promotion vis-a-vis product promotion

November 13, 2018 2931 Views 0 comment Print

Nivea India Pvt. Ltd Vs ACIT (ITAT Mumbai)  TPO had not brought on record the fact that AMP expenses incurred by assessee were not for its own business. The sole basis on which adjustment, under the head AMP expenditure, was made was that expenditure incurred by assessee was significantly higher than that of its comparable […]

Corporate Debtor Cannot Maintain Appeal Under IBC, 2016: NCLAT

November 13, 2018 2352 Views 0 comment Print

National Company Law Appellate Tribunal (NCLAT) held that Corporate debtor cannot maintain appeal under the Insolvency and Bankruptcy Code (IBC), 2016.

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