Follow Us:

Non-Chargeability of Interest U/s. 234C leviable on Cash was Seized after the Expiry of Previous Year

July 6, 2018 1722 Views 0 comment Print

With regard to interest u/s 234C of the Act , it is levied for deferment of payment of advance tax for the period of 01.04.2010 to 31.03.2011. In the instant case, since, the cash was seized after the expiry of the previous year i.e. after 31.03.2011, the assessee cannot claim non-chargeability of interest u/s 234C on that account. Hence, interest u/s 234C of the Act is leviable in this case.

In case of Loan, bank rate of country of currency should be adopted for TP ALP calculation

July 6, 2018 1611 Views 0 comment Print

Action of the assessee in adopting the bank rate prevailing in Australia is correct and the AO erred in adopting the Indian bank rate. The loan amount was given in Australian currency and as per the promissory note the AE has to return the amount in Australian Dollar. Therefore, applying the ratio laid by the Hon’ble High Courts discussed above, we hold that there was no necessity of any arm’s length adjustment in this case

Non-Competent Fee paid is Intangible Asset- Depreciation allowable

July 6, 2018 1494 Views 0 comment Print

ITAT held that non-compete fee paid is an intangible asset acquired by the assessee on which depreciation has to be allowed u/s. 32(1)(ii) of the act.

Section 14A will not apply if no exempt income is received or receivable

July 6, 2018 5745 Views 0 comment Print

DCIT Vs M/s. Ambuthirtha Power P. Ltd. (ITAT Bangalore) The issue in Maxopp Investment Ltd’s. case (supra) was whether the expenditure (including interest on borrowed funds) in respect of investment in shares of operating companies for acquiring and retaining a controlling interest therein was disallowable under Section 14A of the Act. In the said case […]

Reg. Review petition for extension of Anti-dumping duty on imports of Acetone

July 6, 2018 807 Views 0 comment Print

Notification No. 7/26/2018-DGAD. Initiation of 2nd Sunset Review petition for extension of Anti-dumping duty against imports of Acetone originating in or exported from European Union, Singapore, South Africa and United States of America.

Applicability of Reduced Rate of GST @12% on EPC Works Contact

July 6, 2018 8679 Views 0 comment Print

Composite Supply of Works Contract Service by the EPC contractors to OPTCL will be taxable @ 12% if it falls under Serial No. 3(vi) of the updated version of the Notification dated 28.06.2017. But if it does not fall under Serial No. 3(vi), it will fall under the residual entry at Serial No. 3(xii) and will be taxable @ 18%.

10% deposit for 2nd Appeal filing includes 7.5% Deposit made during 1st Appeal

July 5, 2018 12144 Views 0 comment Print

on’ble High Court further directed that the appellants while preferring second appeal before the Tribunal are required to deposit 10% of the amount of duty/penalty as confirmed by the Appellate Authority inclusive of 7.5% pre-deposit made for the first appeal and that 10% would not be in addition to and over and above 7.5% of pre-deposit made for the first appeal.

Creditworthiness of investor company cannot rejected merely for declaring low income

July 5, 2018 2433 Views 0 comment Print

Treating the receipt of huge share application money by an investor-company as unexplained investment, merely due to the reason that low income was declared by such investor in its income-tax return, was not justified, since balance sheet of the investor produced by assessee had proved creditworthiness, genuineness and identity of the investor.

No TDS U/s. 194H on Commission by sub-broker on Security Transactions

July 5, 2018 12201 Views 0 comment Print

This appeal by the Revenue arises out of the order of the Learned Commissioner of Income Tax(Appeals)-Durgapur [in short the ld CIT(A)] in Appeal No. 08/CIT(A)/DGP/2015-16 dated 31.08.2016 against the order passed by the DCIT, Circle-1, Dgp [ in short the ld AO] under section 143(3) of the Income Tax Act

Notice U/s. 148 served at factory premises of Assessee on security guard is valid

July 5, 2018 2265 Views 0 comment Print

CIT Vs M/s Sudev industries limited (Delhi High Court) Whether the Income Tax Appellate Tribunal is justified in law in holding that service of notice at the factory premises of the Assessee on the security guard was not proper service under the provisions of Section 282(2) of the Income Tax Act, 1961? Section 282 of […]

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031