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Section 14A Dis allowance cannot exceed exempt income

May 15, 2018 12216 Views 0 comment Print

Future Corporate Resources Ltd. Vs. Dy. CIT (ITAT Mumbai) The assessee argued that it had earned meager dividend income of Rs. 24,138 as against which, the assessing officer disallowed a sum of Rs. 3,36,28,000 which is more than the exempt income. The assessee further argued that dis-allowance under section 14A cannot exceed amount of exempt […]

Purchase not bogus for mere non-service of notices U/s. 133(6) at the given addresses

May 15, 2018 4731 Views 0 comment Print

Non service of noticed is not a ground to raise the addition of bogus purchase to the income of the assessee in view of the law settled in CIT Vs. M/s. Nikunj Eximp Enterprises P. Ltd. 2016 taxman.com 171 (Bombay High Court).

Civil Suit not Maintainable after initiation of SARFAESI Proceedings: SC

May 14, 2018 13083 Views 0 comment Print

Though the case has a chequered history and the facts are long the matter lies within a short compass. The core question is one relating to the maintainability of the suit, viz., O.S. No.106 of 2009 filed by the second respondent – Nandini seeking partition wherein the order of injunction was passed.

Registration U/s. 12AA & sanction u/s 80G(5)(vi) cannot be declined for non-allowability of exemption claimed by the Assessee

May 14, 2018 1101 Views 0 comment Print

Shiv Public School Managing Committee Vs. CIT (Exemptions) (ITAT Delhi) 1. Briefly stated the facts necessary for adjudication of the controversy at hand are : the application moved by the assessee society for registration under section 12AA of the Income-tax Act, 1961 and for according sanction u/s 80G(5)(vi) of the Act have been rejected by the […]

TDS u/s 194H not deductible on Cash Discounts to Customers for Bulk purchase of Goods

May 14, 2018 3891 Views 0 comment Print

EPCOS India Pvt. Ltd. Vs. ITO (ITAT Kolkata) Briefly stated facts are that the assessee in the present case is a private limited company and engaged in the business of manufacturing and sale of soft ferrite components, DC and AC capacitors, metalized films etc. The assessee in the year under consideration has claimed expenses under […]

Timelines for settlement of Medical claims of Pensioner CGHS beneficiaries

May 14, 2018 849 Views 0 comment Print

It has now been decided to review the timelines prescribed for processing and settlement of medical claims of pensioner CGHS beneficiaries in compliance of the directions of Hon’ble Supreme Court of India in their Judgement in the WP(Civil) No 694 of 2015 between Shiva Kant Jha Vs UOI delivered on 13th April 2018 and in supersession of the earlier guidelines as per the details given under:

Possibility of personal use of car cannot be ruled out in case of consultancy services from residence

May 14, 2018 852 Views 0 comment Print

Considering the nature of business of assessee, i.e., consultancy services carried out from residence, possibility of personal use of the car could not be ruled out, therefore, AO was justified in disallowing part of vehicle running and maintenance expenses.

Addition U/s. 68 for Capital contribution to firm by partner

May 13, 2018 4335 Views 0 comment Print

Pr. CIT Vs. Vaishnodevi Re foils & Solvex (Gujarat High Court) When the assessee has furnished the details with regard to the source of the capital introduced in the firm and the concerned partner had confirmed such contribution, the assessee had duly discharged the onus cast upon it. Thereafter, if the assessing officer was not […]

Film Projector entitled for higher rate of depreciation of 60%

May 13, 2018 10503 Views 0 comment Print

Assessing Officer in disallowing the claim of Depreciation amounting to Rs. 91,87,713/- on the alleged plea that the Film Projector is to be depreciated @ 15% instead of 60%,

Provisions of DTAA prevails over Section 206AA : Delhi High Court

May 13, 2018 3990 Views 1 comment Print

The Delhi High Court, while hearing the writ petition of DANISCO India Private Limited, has read down the provisions of section 206AA of the Income Tax Act, 1961 which mandates deduction of tax at source (TDS) at twenty percent on payments to non-residents since the provision of DTAA would prevail over the said provision.

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