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Export made through third parties eligible for deduction u/s 10B

May 18, 2016 1843 Views 0 comment Print

The ITAT New Delhi in the above cited case held even export made by assessee through third parties are also to be considered while working out deductions allowable u/s 10B as such exports are deemed exports and recognized by Foreign trade policy for extending export benefits.

Section 94-A(1) is Constitutional Valid : Madras High Court

May 14, 2016 2086 Views 0 comment Print

The Hon’ble Madras High court in the above cited case held that central govt can notify a country as notified jurisdictional area u/s 94A inspite of the fact that there exist a Double Tax Avoidance Agreement provided the DTAA is not serving the intended purpose for which it was entered into.

Primary Agricultural Credit Society can claim deduction u/s 80P

May 11, 2016 3508 Views 0 comment Print

It is held that deduction u/s 80P is allowable to a primary agricultural credit society. In the instant case , assessee being a registered society classified in bye-laws as primary agricultural credit society is entitled to claim exemption u/s 80P.

Registration u/s 12AA cannot be denied questioning profit motive

May 8, 2016 2761 Views 2 comments Print

HC held that while disposing off an application for registration u/s 12AA , the CIT is required only to verify the geniuses of the trust’s activity so as to ensure that the same matches with the objects stated in the trust deed.

Transactions having contingent impact on profit/ losses are not international transactions

May 1, 2016 1675 Views 0 comment Print

The ITAT bench of Mumbai in the above cited case law held that any contingent impact on profit/loss would not take the transaction to fall within the purview of international transaction. In the present case

Income from letting out assessable as business income if such letting out is assessee’s primary business object

April 29, 2016 2368 Views 0 comment Print

When the object of assessee’s business is to develop and let out the properties then even when it is also providing other facilities to tenants still the assessee’s income will be assessable as business income.

Mobilization expenses to move assets to client’s premises allowable as revenue expenditure

April 28, 2016 1504 Views 0 comment Print

The ITAT bench of Mumbai in the above cited case held that when the assessee company in its continuing and existing business of chartered hiring of rigs imported new rigs to be moved to and installed at the site of the clients desirous of taking the same on hire for oil drilling, all the mobilization expenses which is in connection with these new rigs till these new rigs mobilization is completed and these rigs are installed at clients site and start commencing drilling of oil for the client is a revenue expenditure and not a capital expenditure.

Understanding GST from scratch

April 27, 2016 30601 Views 8 comments Print

What is GST? Why GST is a need for India? ♠ GST stands for Goods & Service Tax. GST is a destination based consumption tax levied at multiple stage of production & distribution of goods & services in which taxes paid on inputs are allowed as set-off against taxes payable on output. Thus, GST will be a single comprehensive integrated indirect tax on pure value addition at each stage.

Delay in filing return due to sufficient cause should be condoned

April 22, 2016 5743 Views 0 comment Print

The Hon’ble Madras High court in the above cited case held that in deciding the application for condonation of delay in filling return of income the approach of the CBDT should be justice oriented so as to advance the cause of justice.

Small tobacco pouches weighing less than 10 grams not subject to RSP based assessment

April 20, 2016 1795 Views 0 comment Print

CESTAT held that tobacco manufactured and packed in small pouches of 6-7 grams and again packed in a bigger packet are not subject to valuation based on retail price as the small pouches weighing less than 10 gms are exempt from requirement of fixation of retail sale price under Rule 34 of the Standards of Weight & Measurement Act.

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