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No Section 271AAB Penalty on Income voluntarily admitted during Search

June 6, 2020 2121 Views 0 comment Print

The issue under consideration is whether the penalty levied u/s 271AAB of the Act is justified on Income voluntarily admitted during Search by Appellant?

High rate Depreciation Not allowed on vehicles used for Advertisement

June 5, 2020 765 Views 0 comment Print

Whether the higher rate of depreciation can be granted to the vehicles used for the display of advertisement under the provisions of the Income Tax Act, 1961.

ill-health of responsible person is genuine reason for delay in appeal filing

June 5, 2020 4686 Views 0 comment Print

The issue under consideration is whether condonation of delay in filing of the appeal granted for the reason of ill-health of director responsible for decision making?

SC explains distinction between ‘retirement of a partner’ & ‘dissolution of a partnership firm

June 5, 2020 13923 Views 0 comment Print

Supreme court held that there is a clear distinction between ‘retirement of a partner’ and ‘dissolution of a partnership firm’. On retirement of the partner, the reconstituted firm continues and the retiring partner is to be paid his dues in terms of Section 37 of the Partnership Act.

Exchange fluctuation loss on Business Advances Allowable

June 5, 2020 663 Views 0 comment Print

Whether the exchange fluctuation loss on Business Advance on Balance Sheet considered as business loss by Appellant are allowable under Section 37(1) of Income Tax Act, 1961?

Waiver of Working Capital Loan Taxable u/s 28(iv) and not u/s 41(1)

June 5, 2020 6012 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in deleting the addition made by AO u/s 41(1) for waiver of working capital loan and charge it u/s 28 of the Act?

No TDS u/s 194H for Prepaid SIM & 194J for Roaming Charges

June 5, 2020 4419 Views 0 comment Print

AO considered assessee as assessee in default in respect of non-deduction of TDS under Section 194H and 194J of the Act on payment of commission and fees for professional or technical services and passed an order under Section 201(1) & 201(1A) of the Act.

Refund Excess amount of Stamp Duty paid: MP HC

June 5, 2020 5451 Views 0 comment Print

In the present case, respondent rejected the refund of excess amount of stamp duty paid on the ground that the said provision does not apply to the case of the petitioner/company as ad-valorem duty was paid at 1% and not at 5% of the market value.

Provisional Attachment Order to safeguard from creation of third party interest was justified

June 4, 2020 1203 Views 0 comment Print

The issue under consideration is whether the Provisional Order of Attachment for Pending Adjudication is justified in law?

Exemption u/s 10 & 11 cannot be granted merely based on section 12AA Registration

June 4, 2020 1254 Views 0 comment Print

The issue under consideration is whether the Income Tax benefit under section 10 and 11 will be granted on the basis of registration under section 12AA?

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