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Lease rent cannot be classified as Capital merely for Lumpsum Payment for multiple years

July 1, 2019 8835 Views 0 comment Print

The issue under consideration is whether the Lease payment in advance for the period varied from 15 to 99 years considered as Capital Expenditure or Revenue Expenditure?

Reopening of assessment after expiry of limitation period & based on change of opinion is invalid

June 25, 2019 1272 Views 0 comment Print

The interdiction in the proviso appended to section 147 puts an embargo in the exercise of power at the end of the AO in cases where scrutiny assessment has taken place and four years have expired from the end of relevant assessment year. In such cases, the assessment cannot be reopened unless it its demonstrated that income has escaped assessment on account of failure on the part of the assessee to disclose all material facts fully and truly in respect of his assessable income.

Depreciation on Wheel loaders & Graders as Motor Vehicles

May 15, 2019 12618 Views 1 comment Print

The issue under consideration is whether the CIT(A) is correct in charging depreciation at the rate of 30% on wheel loaders and graders?

Assessee can decide Self occupied & Deemed let out property for Taxation

May 14, 2019 2739 Views 0 comment Print

The issue under consideration is whether the assessee having two properties has right to choose Self occupied and deemed let out property for the purpose of taxation?

Recording of reasons to believe & not reasons to suspect is pre-condition of section 147

May 6, 2019 1149 Views 0 comment Print

Purnima Komalkant Sharma Vs DCIT (Gujarat High Court) In the given case, the petitioner is an individual and engaged in the business of real estate and transportation and ship breaking. The return of income was accepted without any scrutiny. Thereafter, a search action took place at the premises of the petitioner. Upon conclusion of such proceedings, […]

Prosecution u/s 276B is not controlled either by section 201(1A) or section 221

April 5, 2019 5400 Views 0 comment Print

Onora Hospitality Pvt. Ltd. Vs ACIT (Karnataka High Court) The issue under consideration is whether the prosecution of the petitioners for the offence punishable under section 276B of the Income Tax Act could be sustained without determination of the liability of the petitioners under section 201 of the Act? In the given case, it was […]

No Section 14A disallowance if No Exempt Income : P&H HC

March 26, 2019 1032 Views 0 comment Print

whether the AO is correct in disallowance made u/s 14A irrespective of the fact that assessee do not have any Exempt Income during the Year?

No section 271C Penalty if TDS duly deducted & remitted at year end

March 20, 2019 1530 Views 0 comment Print

Where assessee duly deducted tax at source under section 194C at the end of the year and remitted the same to Government account, the penalty imposed under section 271C for assessee’s failure to deduct tax at source and remittance to Government account, would not be sustainable.

TDS on Rent – Section 194-IB – Some Practical Issues

January 23, 2019 47337 Views 0 comment Print

Section 194-IB has been inserted by Finance Act, 2017 which provides the tax deduction on payment of rent by certain individuals / HUF with effect from 01-06-2017. The provision of section 194-IB are in addition to the existing provision for tax deduction on payment of rent under section 194-I of the Act.

Cenvat Credit on goods purchased but not received is Bogus & not allowable

December 12, 2018 666 Views 0 comment Print

Goods in question were never received by the assessee in its factory and therefore, the assessee’s claim of having consumed the same was not genuine.

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