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Deduction U/s. 54 despite non completion of Flat Construction by developer

February 8, 2018 9078 Views 1 comment Print

This appeal of the revenue is directed against the order of the Commissioner (Appeals)-9, Chennai, dated 30-5-2017 and pertains to assessment year 2013-14.

Disallowance justified for non deduction of TDS on Provision for Audit Fees

February 8, 2018 12333 Views 0 comment Print

Since assessee had made provision for audit fees to account of payee, provisions of section 194J were clearly attracted and non-deduction of tax at source would automatically invite disallowance under section 40(a)(ia).

No excise on supply of various bought-out electrical items and accessories as BPL Kits

February 8, 2018 1113 Views 0 comment Print

Quashing the demand of excise duty on the activity of providing BPL Kits, the Delhi bench of the CESTAT observed that to levy central excise duty on any goods, the same should have been produced or manufactured in India.

Sec. 292 cannot cure mistake of sending notice in the Name of Deceased Assessee

February 8, 2018 1542 Views 0 comment Print

ITO Vs. Late Sh. Ram Kumar (ITAT Delhi) It is observed from the assessment order passed by Ld. AO that Ld. AO was well informed regarding the demise of assessee. He was supposed to bring the legal heirs on record as per the details submitted before him during assessment proceedings itself. Once the non-existence of […]

Gains made on sale of shares now taxable

February 8, 2018 4209 Views 4 comments Print

As per the proposed amendment and insertion of new section 112A of the Income-tax Act, 1961, long-term capital gains made on sale of equity shares or equity-oriented unit to be taxable at the rate of 10% with effect from 1 April 2018.

Whether subsidy by Government is capital receipt or revenue receipt

February 8, 2018 23559 Views 0 comment Print

Recently the Supreme Court while disposing off the batch of cases along with Chaphalkar Brothers [TS-589-SC-2017] held that grant of subsidies by the State Governments of India by way of exemption from entertainment tax to newly constructed multiplexes would qualify as capital receipt under the Indian Tax Act.

Amount paid to RMCs for Foreign Currency Purchase cannot be treated as Commission liable to TDS

February 8, 2018 6258 Views 0 comment Print

DCIT Vs. M/s. Cox & Kings (I) Ltd. (ITAT Mumbai) Assessee has a foreign exchange division approved by the RBI and is authorized to buy foreign exchange and travelers cheques from RMCs and others and sell them to persons in need of them. RMCs are also authorized by RBI to buy foreign currency from non […]

TDS deductible on Audit Fees provision credited to Auditors Account

February 8, 2018 60909 Views 0 comment Print

On perusal of section 194J of the Act, we find that tax is deductible at source either at the time of credit of expenditure to the account of the payee or at the time of payment whichever is earlier. In the instant case, the assessee had made provision for audit fees to the account of the payee which fact has been mentioned by the ld CITA.

Late Fee U/s. 234E for TDS Default Committed prior to 01/06/15 not leviable: ITAT

February 8, 2018 34107 Views 3 comments Print

The Income Tax Appellate Tribunal in its recent order deleted late Fee levied on ground of TDS default since it is committed prior to 1st June 2015.

TDS not required to be deducted on estimation of expenses

February 8, 2018 7641 Views 0 comment Print

Learned Counsel submitted that assessee is not required to deduct tax at source on estimation of expenses i.e. for the provision made for expenses, tax deduction is not required. For this proposition, learned Counsel placed reliance upon case law from Aditya Birla NUVO Ltd. v. Dy. CIT [IT Appeal No. 8427 (Mum.) of 2010, date 17-9-2014].

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