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TNVAT: Excess ITC at year end has to be refunded, No adjustment against Future liability

May 19, 2020 3528 Views 0 comment Print

The issue under consideration that whether the Department was justified in disallowing the refund of claim on the ground that the petitioner was still in business and was adjusting the amount regularly?

Capital Gain tax payable on sale consideration receipt despite Release Deed at a later date

May 19, 2020 6072 Views 0 comment Print

Shri I. Seshagiri Rao Vs ITO (ITAT Hyderabad) The issue under consideration is whether the capital gains will be applicable where assessee signed a release deed waiving all his rights, title and interests in the property? During the assessment, the A.O. found that the assessee had entered into a release deed and also a supplementary […]

No addition for TP Adjustment towards interest on debentures invested in AE

May 19, 2020 3582 Views 0 comment Print

Gurgaon Investment Ltd. Vs DDIT (ITAT Mumbai) The issue under consideration is whether addition made on account of Transfer Pricing Adjustment towards interest on debentures invested in the Associated Enterprise (AE) Vital Construction Pvt. Ltd. (VCPL) is justified or not? Assessee, a non-resident company incorporated in Mauritius. Through one of its AEs based in Mauritius […]

No Section 194H TDS on discounts on prepaid SIM Cards or Talktime 

May 18, 2020 2049 Views 0 comment Print

The issue under consideration is whether TDS u/s 194H is applicable on discounts allowed for prepaid SIM Cards/ Talktime as distributor margin?

Exporter liable to pay fine for violation of terms of DFCE Scheme

May 18, 2020 876 Views 0 comment Print

The issue under consideration is whether the imposition of cost of one lakh rupees on an exporter for the blatant violation of the Duty-Free Credit Entitlement Scheme (DFCE) is justified in law?

No Section 263 revision for difference of opinion between AO & CIT

May 16, 2020 1425 Views 0 comment Print

Issues have been examined by the A.O and just because the opinion as arrived by the A.O is at a variation of the opinion of the learned Pr. CIT, would not grant the learned Pr. CIT the powers of revision u/s 263 of the Act.

A.O. bound to dispose off objections filed by assessee by passing a speaking order

May 15, 2020 4533 Views 0 comment Print

The issue under consideration is whether the Assessing officer is correct in rejecting the objections filed by the petitioner against the reasons for reopening the assessment without passing speaking order?

Section 80HHC Exchange Rate Fluctuations is Export Turnover 

May 15, 2020 1437 Views 0 comment Print

The issue under consideration is whether extra realization made in rupees for export sale proceeds in foreign exchange due to adverse exchange rate of rupee would be part of the export turnover in the year of receipt and qualify it for deduction u/s Section 80-HHC ?

Interest u/s 234A, 234B & 234C waived off by HC due to financial disability

May 13, 2020 19347 Views 0 comment Print

The issue under consideration is whether the request of the petitioner for waiver of interest under Section 234A, Section 234B and Section 234C of the Income Tax Act, 1961 is granted by HC or not?

Interest paid on Loan cannot be set off against interest earned on Fixed Deposit

May 13, 2020 31449 Views 0 comment Print

Smt. Zeelia Zeena Mayzean Shenoy Vs ITO (ITAT Bangalore) The issue under consideration is whether or not income paid on interest against the fixed deposits can be said to have been incurred ‘wholly and exclusively’ for the purpose of earning interest income from fixed deposits? In the present case, the assessee made fixed deposit with […]

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