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Deduction U/s. 10AA cannot be denied for receipt of export consideration after 6 months from the close of financial year

June 17, 2018 8844 Views 0 comment Print

ITAT held that There is no time-limit prescribed for bringing the consideration of export into India under section 10AA. Admittedly, the consideration had been received in India, albeit subsequent to filing of the return by the assessee. However, merely because the consideration had been received after 6 months from the close of the financial year the deduction, cannot be denied to the assessee on the sum. Therefore, AO was directed to grant deduction to the assessee under section 10AA of Income Tax Act, 1961.

In absence of understanding between parties about reimbursement TDS is deductible on Salary paid to Staff

June 16, 2018 3096 Views 0 comment Print

Power Plant Engineers Ltd. Vs ITO (ITAT Delhi) It is apparent that the persons deputed by the recipient of the income were not routine employees, but were highly qualified and technical employees who were providing the head and brain’ to the assessee company. It cannot be said to be the reimbursement of salary expenditure when […]

Interest on borrowed capital cannot be disallowed for Investment in subsidiaries out of Sufficient own funds

June 16, 2018 2586 Views 0 comment Print

Assessee held own funds of Rs. 23,580 lakhs, whereas investment in subsidiaries stood at Rs. 1,576 lakhs. Presumption in such case would be that assessee had used only its own funds for making investments. Further, there was commercial expediency in making said investments, hence no disallowance was called for.

Audit fees provisions as per NABARD norms is allowable

June 16, 2018 2463 Views 0 comment Print

DCIT Vs Jhajjar Central Coop Bank Ltd. (ITAT Delhi) Ld. Authorised Representative submitted that the provision pertained to audit fee payable to the statutory auditor for the ensuing year. It was further submitted that the statutory audit has to be carried out by a CA Firm recommended by NABARD and the audit fee is also […]

Remuneration paid to Management Graduates related to business is allowable

June 16, 2018 1392 Views 0 comment Print

These are the appeals filed by assessee against the order of CIT(A)-12, Mumbai dated 30/05/2014 for A.Y. 2008-09 and A.Y. 2009-10 in the matter of order passed under Section 143(3) of the Income Tax Act (hereinafter the Act). In the A.Y. 2010-11, Revenue is in appeal before us with respect to disallowance of similar expenses.

Amount received for grant of user rights in a copyright software is royalty income

June 16, 2018 4263 Views 0 comment Print

Elektrobit Automotive GmbH AM Vs Deputy DIT (ITAT Delhi) It was held that license agreement as entered by the assessee itself points out the word royalty. Moreover, considering the facts of case, that license terms obliges the licensee to furnish to assessee monthly statement of supplied products to customers using his software and consequent raising […]

Provisions not backed by any actual expenditure cannot be allowed as deduction

June 16, 2018 813 Views 0 comment Print

DCIT Vs Dia Vikas Capital Pvt. Ltd. (ITAT Delhi) On going through the above details from the assessee’s ledger account, it is seen that sum of Rs. 80,00,000/- is a provision made on 31.12.2008 against the consultancy fees. Similarly there is another item of Rs. 84,50,000/- which is again a provision for consultancy fee. This […]

GST on Bio Fertilizer or Organic Manure

June 16, 2018 95640 Views 5 comments Print

The goods (Bio Fertilizer or Organic Manure); other than those put up in Unit Container and bearing a brand name; will be covered under Schedule I of rate of GST on Goods and attracts NIL rate of duty & The goods (Bio Fertilizer or Organic Manure); put up in Unit Container and bearing a brand name, will be taxable under GST @ 5%.

Mere allotment letter from builder not sufficient to claim benefit of section 50

June 15, 2018 1314 Views 0 comment Print

Challenging the order dated 03/06/2014 of the CIT(A)-17,Mumbai,the Assessee has filed present appeal.Assessee-company,engaged in the business of manufacturing of textiles,filed its return of income on 30/09/2011 declaring total income at NIL.The Assessing Officer (AO) completed assessment u/s.143(3) of the Act,on 03/01/2014,determining total income at Rs.71. 52 lakhs.

S. 37 Retrenchment Compensation paid for business purpose is allowable

June 15, 2018 7998 Views 0 comment Print

ACIT Vs M/s. Lumax Automotive Systems Ltd. (ITAT Delhi) The assessee-company explained that it has closed down its Aurangabad unit due to heavy losses suffered by the assessee-company. The assessee-company in this year has declared loss of Rs.4.34 crores in the return of income and after making addition as well, the net taxable loss have […]

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