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No Penalty U/s. 271B if assessee maintained books of account

June 1, 2018 4839 Views 0 comment Print

Whether penalty under section 271B of the Act could be levied in a case where the books of account were maintained by the assessee. The Hon’ble jurisdictional High Court in that case held that where no account has been maintained, section 271B does not get attracted and instead recourse under section 271A can be taken.

Deferring Release of a movie to Avoid Clash with other movie Not an Anti-Competitive Practice: CIC

June 1, 2018 1317 Views 0 comment Print

Shri Kshitiz Arya Vs Viacom18 Media Pvt. Ltd (Competition Commission of India) It is observed that the releasing of a movie is a strategic and tactical business decision taken by the producers. The makers of a film have to consider a lot of factors before releasing the movies for distribution such as market targeting, branding […]

Mere receipt in excess of limit in proviso to section 2(15) would not result in cancellation of registration U/s. 12AA

June 1, 2018 1731 Views 0 comment Print

This appeal by assessee under section 253 of income tax act is directed against the order of Director of Income tax (Exemptions) Mumbai, dated 22 November 2011 for assessment year 2009-10. The assessee has raised following grounds of appeal

Section 50C: Tenancy on a meager rent constitutes a encumbrance on property

June 1, 2018 2805 Views 0 comment Print

In ‘CIT vs. Chandra Narain Chaudhri’ (supra), it was also held that the Stamp Valuation Authority does not take into consideration the attributes of the property, such as encumbrance, for determining the fair market value in case, as in the present one, it is offered for sale and is purchased.

Section 69B cannot be invoked on mere assumption that there was understatement of investment

June 1, 2018 5925 Views 0 comment Print

Section 69B cannot be invoked on the assumption that there was understatement of the investment, without a finding that the assessee invested more than what was recorded in the books of account.

TDS on Transport Charges : Benefit of Section 194C(6) cannot be denied for violation of section 194C(7)

June 1, 2018 15015 Views 0 comment Print

ITO Vs M/s. Sugarchem (ITAT Mumbai) The AO in the course of assessment proceedings requested the assessee to furnish the reasons why no TDS was deducted in respect of transportation charges. The assessee furnished PAN details of the transporters to the tune of 67,24,412/- out of 80,23,971/- in respect of nine transporters referred to in […]

Interest U/s. 244 allowed on Refund of excess interest charged U/s. 234B

June 1, 2018 3945 Views 0 comment Print

ACIT Vs Development Board (ITAT Ahmedabad) The central question involved in the present appeal is whether the expression ‘in any other case’ occurring in section 244A(1)(b) of the Act would include interest on an amount of refund resulted from reversal of excess interest charged under s.234B of the Act. As per Income Tax computation form […]

Interest on enhanced compensation for compulsory acquisition of agricultural land eligible for exemption U/s. 10(37)

June 1, 2018 24792 Views 1 comment Print

ITO Vs Shri Basavaraj M Kudarikannur (ITAT Bangalore) We have considered the submissions of the ld. DR. It is not disputed by the AO that the land acquired was agricultural land and the conditions laid down u/s. 10(37)(i) to (iv) are applicable to the land which is in question which was compulsorily acquired. It is […]

No Penalty for cash above Rs. 20000 from relatives due to Business Exigencies

June 1, 2018 3891 Views 0 comment Print

The ld. counsel vehemently stated that the legislative intent in prohibiting the acceptance and repayment of money in cash over and above Rs. 20,000/- is to check the unaccounted money and not to hit the genuine business need.

Composite supply of exam support services attracts 18% GST: AAR

June 1, 2018 5031 Views 0 comment Print

1. Whether all the activities involved in the exam support service constitute a mixed supply or a composite supply? 2. What will be the rate of GST applicable on the exam support service?

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