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Demand for short TDS deduction due to wrong quoting of PAN not sustainable if mistake of quoting wrong PAN rectified in revised TDS return

August 18, 2016 2961 Views 0 comment Print

Since the mistake of quoting wrong PAN has been rectified in the revised TDS return filed by the assessee which has been accepted by the department, therefore, there is no justification in raising a demand on account of short deduction of TDS.

ITAT explains taxation of real estate construction contracts (AS-7 & AS-9)

August 3, 2016 17955 Views 0 comment Print

Ashoka Hi-Tech Builders Pvt. Ltd Vs DCIT (ITAT Indore) In this Case ITAT Indore explains Entire law on taxation of real estate construction contracts  in the context of ‘completed contract’ vs. ‘percentage completion’ with reference to Accounting Standards AS-7 and AS-9 and all important judgements on the issue. ITAT further explained Provisions of S. Section […]

SEZ developer eligible for deduction U/s. 80-IAB on income earned from SEZ operation & maintenance

July 21, 2016 6834 Views 0 comment Print

Assessee being developer of SEZ was eligible for deduction under section 80-IAB for income earned from operation and maintenance of SEZ.

Non mention of specific ground in penalty notice U/s. 274 makes it defective

July 20, 2016 1887 Views 0 comment Print

Show cause notice under section 274 not spelling out the specific ground on which penalty under section 271(1)(c) was sought to be imposed, was defective and, therefore, penalty was deleted.

Addition justified for Failure to prove genuineness of gifts received

July 13, 2016 1746 Views 0 comment Print

The assessee in order to draw benefit of the exemption under Proviso to section 56(2)(vi) of the Act was required to prove that the said gifts were received from any relative described there under or had been received on the occasion of marriage of the individual i.e., assessee.

Addition u/s. 68 justified for Capital introduced by partner in assessee firm from sale of agricultural land with No documentary evidence to substantiate sale

July 1, 2016 6885 Views 0 comment Print

AO cannot look into source of source, i.e., of third party only, however assessee’s case was different as the party was closely connected with the assessee. Firm as a partner thereof assessee clearly failed to produce the sale deeds of the sale of agricultural land by partner therefore was justified in making addition under section 68.

Service tax not applicable on sale of statistical data

June 4, 2016 804 Views 0 comment Print

Ms Society of Indian Automobile Vs CST (CESTAT Delhi) So far as demand of service tax on sale of statistical data (statistical service subscription) is concerned we find that the appellant provide various kind of data pertaining to automobile industry after collecting the same from various sources. This data is available to members as well […]

Interest earned by credit Societies on deposit with Banks eligible for sec 80P(2)(a)(i) deduction

June 2, 2016 1113 Views 0 comment Print

Surplus funds not immediately required for day to day banking were kept in Bank deposits. The income earned there from thus would be income from banking business eligible for deduction u/s 80P(2)(a)(i).

Machinery rent cannot be taxed as Income from House Property for TDS deduction under wrong head

January 22, 2016 12177 Views 0 comment Print

AO’s opinion that since TDS made u/s. 194-I, incomes are to be assessed under head ‘income from house property’ can not be accepted. Moreover, even if assessee has let out property but, when the Memorandum of Association permits the business of letting out of properties as such, the income cannot be brought to tax as ‘income from house property’

Notice U/s. 148 issued to legal representative of deceased assessee is legal & valid

November 19, 2015 6891 Views 0 comment Print

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a direction to the respondents to drop the assessment proceedings initiated against a dead person after his death.

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