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AO cannot make disallowance on ad hoc basis without pointing out any defect / error in submission of assessee

June 19, 2018 11151 Views 0 comment Print

It is settled law that the disallowance on account of ad hoc basis is not permissible under the provision of the Act. If the AO is not satisfied with the submission of assessee then he has to make the disallowance after making specific reference to such documents / vouchers. AO cannot just make the disallowance on ad hoc basis without pointing out any defect / error in the submission of assessee.

PAN Mandatory for all remittances under Liberalised Remittance Scheme

June 19, 2018 12084 Views 0 comment Print

It has been decided that furnishing of Permanent Account Number (PAN), which hitherto was not to be insisted upon while putting through permissible current account transactions of up to USD 25,000, shall now be mandatory for making all remittances under Liberalised Remittance Scheme (LRS).

Expenditure incurred to earn exempt Income computed u/s 14A can’t be added while computing Book Profit: ITAT

June 19, 2018 2868 Views 0 comment Print

These four appeals are preferred by the revenue against the four separate orders passed by the Ld. CIT (Appeals) all dated 27th July, 2016 for A.Y. 2010-11, 2011-12, 2012-13 and 2013-14 and since a common issue involved therein, the same have been heard together and are being disposed of by a single consolidated order.

Denial of application for approval u/s 80G justified as society spends more than 5% of Total Income on religious activities

June 19, 2018 7407 Views 0 comment Print

This is an appeal by the Assessee directed against the order dated 22.12.2016 of the ld. CIT, Exemptions (ld. CIT(E)), Kolkata relating to A.Y.2016-17, wherein the ld. CIT(E) has passed an order rejecting grant of the approval u/s 80G of the Income-tax Act, 1961 (here nafter referred to as the Act).

Law on dedutibility of TDS on commission paid by Indian entity to foreign agents

June 19, 2018 30357 Views 0 comment Print

Addition u/s 40(a)(i) on account of non-deduction of tax on payments of commission to non-resident/foreign commission agents ignoring the facts that commission paid foreign commission agents is deemed to accrue or arise in India, which required deduction of tax as per section 195 of the I.T.Act..

Discount extended by broadcasters cannot be included for charging service tax

June 19, 2018 1095 Views 0 comment Print

15% discount extended by the broadcasters cannot be included for the purpose of charging service tax under the category of advertising agency from the clients.

Approval for reopening by observing merely ‘जी हाँ मैं संतुष्ट हूँ’ is not legally tenable

June 19, 2018 3549 Views 0 comment Print

Shri Ghanshyam Vs ITO (ITAT Agra) In present case, the ld. Additional CIT granted the approval by observing merely that he was satisfied. Sections 147 and 148 of the IT Act, it is trite, are charter to the Revenue to reopen completed assessments. Section 151 of the Act provides a safe-guard that the sword of […]

Service Tax not leviable on Participation in promotion of brand name under BAS

June 18, 2018 1227 Views 0 comment Print

Narmada Drinks Pvt. Ltd Vs C.C.E. & S.T. (CESTAT Delhi) It is well known that the bottlers receive concentrate from the brand owners such as M/s Coca Cola, manufacture aerated products there from and sell the same. Para 6.2 of the relevant show cause notice alleges that the amounts have been received from the brand […]

Even Sec.143(1) assessment cannot be reopened without proper reason to believe

June 18, 2018 4923 Views 0 comment Print

Principal CIT Vs Manzil Dineshkumar Shah (Gujarat High Court) It is well settled that even in case where the original assessment is made without scrutiny, the requirement of the Assessing Officer forming the belief that income chargeable to tax has escaped assessment, would apply. Reference in this respect can be made of the judgment in […]

Addition cannot be made on estimate basis without rejection of Books of Accounts

June 18, 2018 8190 Views 0 comment Print

This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)-11, Kolkata, (hereinafter the Ld. CIT(A)), dt. 22/09/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the Act), relating to Assessment Year 2012-13

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