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Pre-commencement Interest on advances to contractors is capital receipt

December 22, 2017 3045 Views 0 comment Print

Where the assessee had earned interest on advance paid to contractors during pre- commencement period was found to be ‘inextricably linked’ to the setting up of the plant of the assessee and hence was held to be a capital receipt which was permitted to be set off against pre- operative expenses.

ITAT explains law on revenue recognition by property developer under percentage completion method

December 22, 2017 6030 Views 0 comment Print

Law on how revenue should be recognized by a developer of property under the percentage completion method in the light of Accounting Standards AS-1, AS-7 & AS-9, the Guidance Note on Accounting for Real Estate Transactions issued by the ICAI and several judgements on the issue explained

No disallowance for monetary benefits given to doctors before 01.08.2012

December 22, 2017 1491 Views 0 comment Print

A.O. disallowed the payment of commission made by the assessee to the above said two doctors namely (i) Dr. Ramanbhai S. Patel Rs. 17,52,130/- and (ii) Dr. Ratilal G. Patel Rs. 23,87,001/- totaling to Rs. 41,39,131/- and added to the total income u/s. 37(1) of the Act.

Provisions of section 14A cannot be invoked if there is no exempt income

December 22, 2017 3627 Views 0 comment Print

Undisputedly the assessee has not earned any exempted income. Now it is settled position of law that whenever assessee did not earn any exempt income, no dis allowance could be made u/s. 14A of the Act.

Remuneration mutually agreed between partners is allowable if partnership deed permits the same subject to limit u/s 40(b)

December 22, 2017 4818 Views 0 comment Print

Visakhapatnam bench of Income Tax Appellate Tribunal (ITAT) recently held that remuneration paid to partner cannot be disallowed since there is a clause existing in the partnership deed which specified the exceeding limit.

No Section 14A Disallowance if investments are business expediency & strategic investments

December 22, 2017 3498 Views 0 comment Print

No disallowance U/s 14A of Act need to be made by invoking the provisions of Rule 8D (2) (ii) of Rules as investments admittedly are business expediency investments and strategic investments.

Surcharge amp; cess not to be included to compute Tax Effect

December 22, 2017 2805 Views 0 comment Print

Surcharge and education cess should not be included, while calculating the tax effect. Since the tax thereon was Rs. 9 Lakhs only, which is less than Rs. 10 Lakhs limit prescribed, the Bench was of the opinion that there was no merit in the Miscellaneous Application filed by the Revenue.

Circular No. 52/2017-Customs (Updated upto 17.09.2018)

December 22, 2017 7227 Views 0 comment Print

CBIC dcided to leverage the introduction of this new technology being provided under Managed Service Provider system to monitor and facilitate transshipment of consignments sealed at ICDs/CFSs and destined for export to Nepal or Bangladesh. Exporters opting to avail the facility for export of goods to Bangladesh or Nepal may do so through the following ICDs / CFSs.

Application to revise return to cure Genuine Accounting Mistake can be made within Permitted Time

December 22, 2017 1614 Views 1 comment Print

Though the Learned Special Government Pleader pointed out that it is a mistake of the Accountant and cannot be rectified, in my view, if a genuine mistake has crept-in, then, within the time permitted under the Statute, the dealer is entitled to file revised Form WW or revised return.

Notification No. 95/2017-Customs, Dated: 22.12.2017

December 22, 2017 10983 Views 0 comment Print

Notification No. 95/2017-Customs Seeks to amend notification No. 152/2009-Customs dated 31.12.2009 so as to provide deeper tariff concessions in respect of specified goods imported from Korea RP under the India-Korea Comprehensive Economic Partnership Agreement (CEPA) w.e.f. 01.01.2018

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