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Depreciation @ 100% on’ Advertisement hoardings treated as temporary structures allowable

December 1, 2017 7512 Views 0 comment Print

Depreciation @ 100% on’ hoardings treated as temporary structures as against the treatment given by the AO as plant and machinery allowing depreciation @ 15%.

CIT cannot invoke Jurisdiction U/s. 263 if matter already been heard by CIT (A)

November 30, 2017 1599 Views 0 comment Print

Where the CIT(A) was already ceased of the matter wherein the matter has been contested before him by the AO, the ld. Pr. CIT does not have the jurisdiction to exercise his powers u/s 263 of the Act on the same matter as per the explicit provisions contained in clause (c) to explanation 1 to section 263 of the Act.

CAs ought to maintain highest level of ethics and integrity: Delhi HC

November 30, 2017 1860 Views 0 comment Print

Court would like to observe that CAs ought to maintain the highest level of ethics and integrity, not only in the interest of their clients but also to ensure that probity and sanctity are not compromised in any manner as CAs are not merely professionals engaged by their clients, but are protectors and guardians of financial markets on which a nation depends.

Expenditure in raising loans or issuing debentures would be revenue in nature

November 30, 2017 4611 Views 0 comment Print

Tata Industries Ltd. Vs. ACIT (ITAT Mumbai) -Expenditure in raising loans or issuing debentures would be revenue in nature, irrespective of whether the borrowal is a long term or short term one.

Section 43B: Municipal Tax Arrears allowable in the year of payment

November 30, 2017 13812 Views 0 comment Print

ITO Vs. Sudhir Satnaniwala (ITAT Kolkata) It is observed that the deduction claimed by the assessee on payment of municipal tax arrears was disallowed by the A.O. on the ground that the said expenditure pertained to the earlier years and the assessee was not liable to pay the same. Since the corresponding rental income received […]

Penalty justified for failure to Prove Genuineness of Cash Deposits

November 30, 2017 2385 Views 0 comment Print

Mrs. Ramesh K. Patel C/o. Vs ITO (ITAT Ahmedabad) It is come on record that the assessee has not filed even a single satisfactory documentary or oral evidence or confirmation to the satisfaction of the lower authorities so as to prove genuineness of the above two cash deposits. We therefore quoting Hon’ble Apex Court’s judgment […]

Addition based on unauthentic / Unsigned Swiss bank statement U/s. 68 not sustainable

November 30, 2017 2100 Views 0 comment Print

AO relied on copies of certain bank statement not bearing any signature of bank official–Authenticity of documents in question Where AO relying on certain loose papers, which were the copies of the bank statement not bearing any signature of the bank official, or the name of the bank or the place or the country where the branch was situated, made addition under section 68 as undisclosed income of assessee in Swiss bank, AO was not justified since the information was not obtained from Swiss bank and documents relied on were not authentic.

Interest on borrowing not allowable u/s. 36(1)(iii) if not used for business purpose

November 29, 2017 2583 Views 0 comment Print

JCIT (Asst.) Vs. M/s. Bharath Beedi Works Ltd. (ITAT Bangalore) Objection of the AO is that  borrowing from Directors and shareholders is not for business purpose. The AO has noted that even as per the assessee’s contention, if the assessee had an intention of starting a branch in Orissa, the same appears to have remained […]

No Penalty for Short-Deduction of TDS due to bonafide confusion

November 29, 2017 8181 Views 0 comment Print

While allowing the appeal filed by the assessee Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently declared that penalty under Section 271C of the Income Tax Act would not attract when there is a short deduction of tax due to bonafied confusion.

Section 80-IB(10): Open terrace area excluded by Local Authority from working of built-up area cannot be included by revenue

November 29, 2017 1659 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Chennai, on Wednesday, brought in further clarity to one of its previous orders regarding the inclusiveness of private open terrace in build-up area of a flat, for the purpose of deductions as per Section 80-IB(10) of the Income Tax Act.

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