Introduction The rate of depreciation on computers and computer software is 40%. That means while calculating taxable business income, assessee can claim deduction of depreciation@ 40% on computers and computer software. In order to claim depreciation @40%, the equipment should fall within the expression “computer”. If the equipment in question do not fall within the […]
Explore important judicial precedents on income tax aspects in India. Learn about the case of Ashwani Kumar v. Income-tax Officer and its impact on Section 222 of the Income Tax Act, 1961.
Spytech Buildcon v. ACIT, Circle-6, Jaipur (Jaipur – Tribunal) Section involved – Section 43CA of Income Tax Act, 1961 Decision – In favour of Revenue Proposition – Transfer under provisions of section 43CA is recognized only when a registered document is executed. Even if the agreement of sale is entered before provisions of Section 43CA […]
Clarification regarding extension of time limit to apply for revocation of cancellation of registration in view of Notification No. 34/2021-CT dated 29.08.2021 Government has issued Circular No. 158/14/2021-GST dated 06.09.2021 in order to clarify circumstances in which benefit of Notification No.34/2021-CT dated 29.08.2021 would be available Notification No. 34/2021-CT dated 29.08.2021 was issued to extend […]
Aswathanarayana & Eswara Vs DCIT (Madras High Court) Expenditure incurred by assessee-firm on partner’s foreign education was to be allowed as deduction when such education was directly related to profession carried on by firm – Madras HC Legal Provisions involved Any expenditure not being in the nature of personal expenses of the assessee laid out […]
Discharge of interest payable to financial institutions by way of issue of debentures amounts to actual payment of interest and allowed as deduction u/s 43B : SC Case Law : M.M. Aqua Technologies Ltd. v. Commissioner of Income Tax (Supreme Court) Legal Provisions involved As per Section 43B(d) of Income Tax Act, 1961, interest on […]
True tests for determining Composite & Mixed Supply under GST laws including analysis of position under foreign laws Introduction To determine whether a particular supply is a composite supply or mixed supply, we have to analyze the definition of composite supply and mixed supply. Composite Supply Definition As per Section 2(30) of CGST Act, 2017, […]
Aircel Cellular Limited Vs DCIT (Madras High Court) Legal provisions involved As per first proviso to Section 147 where assessment has already been made under Section 143(3) and assessee had disclosed truly and fully all material facts necessary for assessment then AO cannot initiate reassessment proceedings under Section 147 beyond 4 years from end of […]
Introduction Section 40A(2) of Income Tax Act, 1961 deals with payments to relatives and associated persons. It provides that where the assessee incurs any expenditure in respect of which payment is to be made to a specified person and the Assessing Officer is of the opinion that such expenditure is excessive or unreasonable having regard […]
New Income tax rate for individuals and HUFs 1. A new section 115BAC is inserted in the Income Tax Act by Finance Bill 2020 which provides that On satisfaction of certain conditions, an individual or HUF shall, from P.Y. 2020-21, A.Y. 2021-22 onwards, have the option to pay tax in respect of the total income […]
