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Assessment import Computer parts & Accessories declared old but unused

September 10, 2018 2925 Views 0 comment Print

In the recent past, investigation into import consignments of above goods has revealed the goods to be Old and Used in the guise of the declared/claimed Old & Unused.

UP VAT: No interest can be levied on turnover not admitted by dealer

September 9, 2018 6072 Views 0 comment Print

Union Of India Vs The Commissioner, Trade Tax, U.P. Lucknow (Allahabad High Court) In the present case it is an admitted fact that the revisionist disputed the liability of payment of tax and that the revisionist never admitted liability to pay any tax on the transaction in question and this fact that the revisionist is […]

Mere Hoarding Renting not amounts to ‘Advertising Agency Service’

September 9, 2018 6333 Views 0 comment Print

Vasantham Outdoor Advertising Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Chennai) It is evident that the appellant was only renting out the hoardings which were either owned by them or leased to them, to various advertising agencies. There is no allegation that appellant had themselves made prepared displayed or exhibited any advertising on their […]

CIT (Appeals) cannot set aside an Assessment Order: ITAT Delhi

September 9, 2018 5670 Views 2 comments Print

Shri Sanjay Thakur Vs The DC IT (ITAT Delhi) Powers of the CIT(A) have been set out in section 251 of the Act. The CIT(A) has more power to send the matter back to the file of the AO for making fresh decision on the issue. Once the assessment order was quashed the CIT(A) has transgressed […]

Receipts from domain name registration amounts to Royalty: ITAT Delhi

September 9, 2018 1416 Views 0 comment Print

Godaddy. com LLC Vs DCIT (ITAT Delhi) Hon’ble Apex Court in the case of Satyam Infoway Ltd. (supra) has held that the domain name is a valuable commercial right and it has all the characteristics of a trademark and accordingly, it was held that the domain names are subject to legal norms applicable to trademark. […]

Date of Acquisition for determining Capital Gain: – Date of Full Payment Vs. Date in Registered Document

September 8, 2018 50916 Views 1 comment Print

DCIT Vs Ramesh Madhavrao Bhujang (ITAT Mumbai) It is undisputed fact that the assessee had acquired the right in the property pursuant to allotment letter dated 10/03/2008, a copy of which has been placed on page number-111 of the paper-book. The assessee has made the full payment of Rs.83.30 Lacs by 25/06/2008. The said fact […]

Benefit of Demerger U/s. 47(viia) not available in case Transfer is not as per section 2(19AA)

September 8, 2018 11319 Views 0 comment Print

W#e are of the view that the transfer of T&D Division of the assessee-company was not in a manner prescribed in section 2(19AA) so as to treat the same as demerger for the purpose of Income Tax Act and the benefit of section 47(viia) was not available to the assessee-company as rightly held by the Assessing Officer.

Trade advances cannot be treated as Deemed dividend U/s. 2(22)(e)

September 8, 2018 996 Views 0 comment Print

Pr. CIT Vs Prakashkumar Bhagchandbhai Khatri (Gujarat High Court) Where assessee, in terms of agreement with company for development and consideration of land owned by assessee, had received trade advances, the same were not loans, therefore, section 2(22)(e) was not attracted. The Tribunal while confirming the view of CIT(A) opined that amount in question was […]

TDS not deductible on tips paid to employees by Hotel out of Tip Collected

September 8, 2018 2268 Views 0 comment Print

CJ International Hotels Ltd. Vs DCIT (ITAT Delhi) Tips for hotel employees included and paid by customers and collected by the employer and disbursed to the employees do not amount to salary or profit in lieu of salary or payment made by or on behalf of the employer, as such provisions requiring deduction of tax […]

ITAT allowed builder to adjust rent received against WIP as it was linked with development of Property

September 8, 2018 2370 Views 0 comment Print

This appeal by the assessee is directed against the order of ld. Commissioner of Income tax(Appeals) dated 01/05/2014 and pertains to assessment year 2010-11.The Grounds of appeal read as under :- Being aggrieved by the order of the Commissioner of Income-tax (Appeals)-25, Mumbai (hereinafter referred to as Learned CIT (A)) dated 01.05.2014 under section 250 of The Income Tax Act, 1961 (herein after referred as ‘IT Act’), the appellant submits this appeal on the following grounds each of which may please be considered without prejudice to one another

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