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Tax on Sale of mortgaged property in discharge of loan taken

March 6, 2018 15114 Views 0 comment Print

ITO Vs Late Shri B. Kailasam (ITAT Chennai) Since availing a loan itself is consideration and therefore, constructive benefit was very well accrued to the assessee when the loan was availed by the concerned company, which was owned partly by the assessee. Since, the mortgaged property was sold in discharge of the mortgage created by […]

Govt to leverage Fin tech to enhance financial inclusion of MSMEs

March 6, 2018 801 Views 0 comment Print

The Government constitutes a Steering Committee on Fintech related issues to consider various issues relating to development of Fin tech space in India with a view to make Fin tech related regulations more flexible and generate enhanced entrepreneurship in an area where India has distinctive comparative strengths vis-à-vis other emerging economies;

Aadhaar not mandatory for new EPS 1995 members till 31.03.2018 in Assam

March 5, 2018 957 Views 0 comment Print

As difficulties are still being faced in submission of Aadhar as identify document by the pensioners & Members of EPS 1995 in the state of Assam, the issue is again re-examined & it has been decided that Aadhar may not be insisted from new members who join EPS 1995 till 31.03.2018 in Assam.

CIT may consider an order of AO erroneous if it is a stereo typed order

March 5, 2018 1566 Views 0 comment Print

CIT may consider an order of the AO to be erroneous not only it contains some apparent error of reasoning or of law or of fact on the face of it but also because it is a stereo typed order which simply accepts what the assessee has stated in his return and fails to make enquirers which are called for in the circumstances of the case.

Late fees U/s. 234E cannot be levied for the period prior to 01/06/2015

March 5, 2018 25284 Views 0 comment Print

Dharam Deep Public School Vs. Dy. CIT (ITAT Delhi) Section 200A of the Act deals with processing of statement of tax deducted at source, whereas, section 234E of the Act deals with fee for default in furnishing statements.Iit was held that ‘intimation raising demand prior to 01/06/2015, u/s 200A of the Act, levying fee u/s […]

Allegation of clandestine cannot be made merely on the basis of Shortages noticed during Stock Verification

March 5, 2018 2820 Views 0 comment Print

M/s G.P. Ispat Pvt. Limited Vs CCE&ST ( CESTAT Delhi) We are lead to the conclusion that in the case of the appellant, the demand of Central Excise duty cannot be upheld, since the allegation of clandestine removal has been made only on the basis of alleged shortages noticed during stock verification. In the absence […]

Interest on NPAs of NBFCs not Taxable on Accrual Basis: SC

March 5, 2018 2808 Views 0 comment Print

Hon’ble Supreme Court dismisses a departmental appeal in CIT v. Vasisth Chay Vyapar Ltd and held that the interest income earned by Non-Banking Financial Companies (NBFCs) on non-performing assets (NPAs) should not be taxed on the accrual basis.

No TDS on Commission to Non-Resident paid/payable outside India having no PE in India

March 5, 2018 3237 Views 0 comment Print

Dy. CIT Vs Maan Aluminum Ltd. (ITAT Delhi) The undisputed fact is that the assessee had paid commission to two non-residents on export orders procured by them. It is also undisputed that the nonresident agents did not have any permanent establishment or permanent place in India and the agents operated from outside India. It is […]

Expense on Earning Income from Other Sources only is Allowable u/s 57(iii)

March 5, 2018 4920 Views 0 comment Print

Monarch Commodities Pvt. Ltd. Vs.  DCIT (ITAT Bangalore)  Under section 57(iii) of the Act, only those expenditure are to be allowed which are related to earning of income from other sources. Since the expenditure claimed by the assessee was not incurred to earn income from other sources, the same cannot be allowed. FULL TEXT OF […]

Interest paid to MSME for delayed payment is not allowable

March 5, 2018 109083 Views 2 comments Print

Dy. CIT (LTU) Vs. Bosch Ltd. (ITAT Bangalore) Section 23 of MSMED Act has specifically provided that the interest paid to the Micro, Small & Medium Enterprises on account of delayed payment is not allowable as deduction from income. Section 23 of MSMED Act has specifically prohibited the assessee from claiming the deduction from the […]

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