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SSI benefit cannot be availed by an undertakings which do not continue as SSI: SC

December 15, 2017 1845 Views 0 comment Print

Incentive meant for small scale industrial undertakings cannot be availed by industrial undertakings which do not continue as small scale industrial undertakings during the relevant period, the bench held.

Mere Non-Filing of C Form or Defects in its declaration would not Attract Penalty

December 15, 2017 2286 Views 0 comment Print

There is no allegation of any suppression of turnover. It is only with regard to non filing of Form C declaration or certain defects in Form C declaration. Thus, it is not a case where any penalty can be levied more so when there was no proposal in the revision notice dated 28.05.2007.

Advance payment of Duty in PLA account eligible for deduction: SC

December 15, 2017 2565 Views 0 comment Print

Advance deposit of central excise duty constitutes actual payment of duty within the meaning of Section 43B of the Central Excise Act and, therefore, the assessee is entitled to the benefit of deduction of the said amount.

Section 72A(7) Hospitals can’t be treated as an Industrial Undertaking for Set Off of Unabsorbed Depreciation

December 15, 2017 6213 Views 0 comment Print

The Bangalore bench of Income Tax Appellate Tribunal recently rejected the plea for setting off of unabsorbed depreciation since Hospitals can’t be treated as an industrial undertaking for the purpose of section Section 72A(7) of the Income Tax Act, 1961.

Deduction u/s 80P eligible on ‘interest’ earned by assessee on deposits placed with SBI by SBI Officers Co-op. Credit Society

December 15, 2017 6762 Views 0 comment Print

SBI Officers Coop. Credit Society Ltd Vs. ITO (ITAT Hyderabad) This is assessee’s appeal for the A.Y 2012-13. In this appeal, the assessee is aggrieved by the order of the learned CIT (A)-10, Hyderabad, dated 2.11.2016 confirming the dis allowance of Rs. 77,44,295 claimed by the assessee as a deduction u/s 80P of the Act. […]

Notice for reopening U/s. 148 cannot be issued in absence of fresh material

December 15, 2017 3705 Views 0 comment Print

An issue which had been examined in detail during original assessment itself, could not be re-examined in exercise of powers of reassessment, therefore, notice under section 148 was set aside.

Section 14A cannot be applied to losses due to diminution in value of investments due to merger/amalgamation

December 14, 2017 2880 Views 0 comment Print

These are bunch of seven appeals filed by the assessee as well as the Revenue for assessment year 2006-07, 2007-08, 2009-10, 2010-11 and 2011-12 . First we shall take up cross appeals field by the assessee as well as the Revenue in ITA 4284/Mum/2014 and 1807/Mum/2011 for assessment year ( AY ) 2006-07 respectively.

12 principles governing section 44BB culled out from various judgments

December 14, 2017 5205 Views 0 comment Print

The Income Tax Appellate Tribunal recently ruled that the service tax collection shall be deducted from gross Receipts while computing the profit for the purpose of Section 44BB of the Income Tax Act, 1961.

Interest on Bank overdraft- Used in business vis-a-vis investment in mutual funds

December 14, 2017 16641 Views 0 comment Print

1. The impugned additions and disallowance made in the order dated 29-12-2011 under section 143(3) of the Act, bad in law and on facts of the case, for want of jurisdiction and various other reasons and hence the same kindly be deleted.

Reopening of assessment beyond a period of 4 years to make fishing inquiries not justified

December 13, 2017 4437 Views 0 comment Print

The primary condition of reasonable belief having nexus with the material on record is still operative. However, we are of the view, that mere fresh application of mind to the same set of facts or mere change of opinion does not confer jurisdiction to the assessing officer even under the post-1989 section 147 of the Act.

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