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Disallowance U/s. 40A(2)(b) not justified without proving that expense incurred by assessee is excessive

September 3, 2018 6030 Views 0 comment Print

ITO Vs Media Satellite & Telecom Ltd, (ITAT Delhi) In this cse AO could not show that the expenditure incurred by the assessee is excessive or unreasonable providing market comparative price with respect to the fair market value of the goods. The ld AO could not show that without offering the discount the goods are […]

AA confirms Punishment to CA for failure to exercise due diligence

September 3, 2018 2637 Views 0 comment Print

V. Ajay Vs Disciplinary Committee, ICAI (Appellate Authority) 1. This Order deals with the above mentioned two appeals filed by the Appellant before this Authority. First appeal has been filed against an Order dated 20th January, 2017, passed by the Disciplinary Committee of the Institute of Chartered Accountants of India under section 21B(3) of the Chartered Accountants Act, […]

ICAI declares Structure of Practical Training Assessment

September 3, 2018 1197 Views 0 comment Print

The students after completing their 1st/ 2nd year of practical training in a particular quarter of a year would be eligible to register for the practical training assessment test in the subsequent quarter. The first test for both the category of students will be on September 23, 2018

Remuneration to Chairman of Govt Company is Business Expense

September 2, 2018 1635 Views 0 comment Print

DCIT  Vs Garhwal Mandal Vikas Nigam Ltd. (ITAT Delhi) It was observed that as per the Memorandum of Association/Article of Association the Chairman is appointed by the governor of Uttarakhand for such period and upon such terms and on such remuneration, if any, by way of salary or honorarium as the governor may think fit. […]

Section 138 Attracted Even If Cheque Issued For Sale Consideration Not Disclosed in Sale Deed

September 2, 2018 18546 Views 1 comment Print

Bhawish Chand Sharma Vs Bawa Singh (Delhi High Court) The mutual agreement between the parties to disclose only a part of the consideration under the sale deed may attract other consequences for the parties. However, that by itself does not render the underlying transaction unlawful. Pertinently, it is not claimed that at the relevant time, […]

Reverse Input Tax Credit on goods destroyed in Floods: Blow to Kerala Taxpayers

September 1, 2018 12621 Views 0 comment Print

Deputy Commissioner, State GST Department, Mattancherry, has issued the following instructions to their departmental officers by which it has instructed that in case Input Tax Credit is not reversed on Goods lost, stolen, destroyed written off or disposed of by way of gift or free samples due to Recent Kerala Floods , the proper officer […]

TDS U/s. 194I deductible on lease rent Paid to Noida Authority

September 1, 2018 13737 Views 0 comment Print

The High Court has read the relevant clauses of the lease deed and has rightly come to the conclusion that payment which is to be made as annual rent is rent within the meaning of Section 194­I, we do not find any infirmity in the aforesaid conclusion of the High Court. The High Court has rightly held that TDS shall be deducted on the payment of the lease rent to the Greater Noida as per Section 194­I.

No reopening merely on the basis of Assessment of other co­-sharer

September 1, 2018 930 Views 0 comment Print

Kalpana Chimanlal Shah Vs ITO (Gujarat High Court) The Assessing Officer examined the petitioner’s declaration of sale of immovable property and resultant loss, which she claimed. The Assessing Officer called for the purchase and sale deeds as also supporting evidence for computation of capital gain. The assessee produced such documents and the approved valuer’s report assessing […]

Merely because Agricultural land is declared as industrial land same cannot be held to be a capital asset

September 1, 2018 5004 Views 0 comment Print

ITO Vs Meera Thapa (ITAT Delhi) Assessee has sold agricultural land as it has been proved by the certificate of Tehsildar and other land records. He further held that merely because the land is declared as industrial land same cannot be held to be a capital asset and capital gain cannot be charged on sale […]

Section 40A(2)(b): Interest Rate on Permanent Loan cannot be compared with Rate on Temporary Loan

September 1, 2018 2535 Views 0 comment Print

CIT Vs  Shiv Agrevo Ltd. (Rajasthan High Court) The prevailing market rates of interest for the loans of permanent nature were between 18 per cent, to 24 per cent, whereas the cases compared by AO pertained to the loans of temporary nature and that the assessee had advanced money for the purpose of business needs. […]

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