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

May 13, 2018 5166 Views 0 comment Print

Gujarat High Court rules partnership firm discharged onus under Section 68 by identifying partner & confirming contribution; creditworthiness inquiry is on partner.

Film Projector entitled for higher rate of depreciation of 60%

May 13, 2018 11913 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 5550 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.

Mere Voluntary Surrender of Income not absolves assesse from Penalty: Delhi HC

May 13, 2018 1548 Views 0 comment Print

A division bench of the Delhi High Court, last day held that mere voluntary surrender of income without disclosing its source cannot rescue assessee from facing penal consequences under the Income Tax Act.

Registration U/s. 12A of trust cannot be denied merely because it consists of Urologist Doctors

May 12, 2018 1221 Views 0 comment Print

The Chhattisgarh High Court, in the case of Commissioner of Income Tax Central Revenue v. Chhattisgarh Urology Society recently announced that a society consists of urologist doctors eligible for registration under Section 12A of the Income Tax Act.

Notice U/s. 274 r.w.s. 271(1)(c) is untenable if issued without application of mind

May 12, 2018 35352 Views 0 comment Print

D.C.I.T Vs. M/s. Pennzoil Quaker State India Ltd. (ITAT Mumbai) On a perusal of the notice issued u/s. 271(1)(c) of the Act for initiation of proceedings we find that the Assessing Officer did not strike off and specify the charge/limb for which he is proposing to initiate penalty proceedings. However, in the Assessment Order, Assessing […]

Rent received by Association of Co-Owners Whose only Objective is to Derive Income from Letting out of Property is Taxable as ‘Income from House Property’

May 12, 2018 3351 Views 0 comment Print

Manek Lodge Properties Vs. Additional Commissioner of Income Tax (ITAT Mumbai) In the present case the assessee is nothing but association of co-owners of certain properties whose only objective is to derive income from letting out of property and nothing more. The bench also held that if the contention of Assessee is to be accepted, […]

Addition U/s. 68 for bogus share capital not justified for mere non-response by shareholders to summon U/s. 133(6)

May 12, 2018 2172 Views 0 comment Print

We are of the view that no adverse inference can be drawn against the assessee merely because reply has not been received by the AO in response to notice issued under Section 133(6). The AO having issue the notice and such notice having been served on the person concerned, the AO has to take the process to the logical end. He cannot draw adverse inference merely because reply has not been received.

Assessment framed by AO on non-existent amalgamated company is void ab initio

May 12, 2018 2883 Views 0 comment Print

In the case of Genpact Infrastructure (Bhopal) Pvt. Ltd, Delhi bench of Income Tax Appellate Tribunal ( ITAT ) recently held that addition cannot be made since the assessment framed by the Assessing Officer (AO) on the non-existent amalgamated company and not on the amalgamating company.

Investments held as stock-in-trade do not attract disallowance U/s. 14A

May 12, 2018 1959 Views 2 comments Print

Assessee was engaged in the business of investment in shares and securities, financing and granting loans and advances against shares. The assessee earned exempt dividend income and made suo moto dis allowance against the same under section 14A.

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