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Sec. 43B: Amusement Tax paid before due date of Filing Income Tax Return is eligible for deduction

November 29, 2017 1089 Views 0 comment Print

The Kolkata bench of Income Tax Appellate Tribunal recently ruled that Amusement Tax paid before the due date of filing of Income Tax Return is eligible for deduction under the Income tax Act, 1961.

Donation by assessee trust to a university approved U/s. 10(23C)(vi) is for charitable purpose & eligible for section 11 exemption

November 29, 2017 1515 Views 0 comment Print

We are of the view that donation given by assessee trust to a university approved under section 10(23C)(vi) is for charitable purpose subject to verification of the basic information which were not available on record, as per Ld. DR, such as:(i) Property from which the rental income of the trust has derived, that is rental agreement and assessee`s Trust entitlement to receive rental income.

Surcharge and cess is to be calculated after deducting MAT credit u/s 115JAA from tax on assessed income

November 29, 2017 9474 Views 0 comment Print

ACIT Vs. Divi’s Laboratories Ltd. (ITAT Hyderabad) This appeal is filed by the Revenue against the order of CIT(A) – 5, Hyderabad dated 30/01/2016 relates to the AY 2012-13 wherein the revenue has raised the following grounds of appeal: “1. The ld. CIT(A) erred in holding that the surcharge and education cess is to be […]

Allowances Received by MLA from Legislative Assembly is Tax Exempt

November 29, 2017 18282 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Hyderabad on Wednesday ordered that the allowances received by a Member of Legislative Assembly is to be exempted from Income Tax.

Reimbursement of expense to Director by Company is not Taxable as Perquisite

November 29, 2017 38748 Views 0 comment Print

Gaurav Seksaria Vs. ITO (ITAT Kolkata) Reimbursement of expense incurred during foreign visit to Director by Company is not taxable as Perquisite  It is not in dispute that the assessee employee had not claimed any expenditure as deduction which were incurred by him through credit card during his foreign travel. He incurred expenses through credit […]

Penalty u/s 271C justified for non-deduction of TDS on non-compete fee with no reasonable cause for non-deduction

November 29, 2017 1377 Views 0 comment Print

Contention of the assessee that the non-compete fee is the business expenditure of the assessee has been upheld. The assessee has always contended that it is its business expenditure and therefore, it was required to deduct the tax at source u/s 194J of the Act. For failure to deduct the tax inspite of being liable to do so, the penalty u/s 271 C is clearly leviable.

Sect. 40(ba) will not be attracted in absence of Profit or remuneration to any JV member

November 29, 2017 2241 Views 0 comment Print

Since the assessee has not shown any profit nor paid any remuneration to any of the members, the provisions of section 40(ba) will not be attracted.

No Sales Tax Payable on Medical Equipment’s Imported by Hospital for ‘Own Use’

November 29, 2017 1098 Views 0 comment Print

In a recent ruling, the Madras High Court held that the hospital is not liable to pay Sales Tax under Tamil Nadu Value Added Tax Act in respect of import of medical equipments for its personal consumption.

ITAT refuses plea of ‘Wrong Legal Opinion’ of Assessee being director of a Company

November 29, 2017 1068 Views 0 comment Print

It was the explanation of assessee that the legal opinion given by the Counsel that there is no capital gain on the STT paid transactions, was not accepted by AO stating that she is a promoter of a company and has a battery of legal advisors and her husband also has legal knowledge.

Allowability of Depreciation on Gym Equipment Installed at House of Managing Director

November 29, 2017 12681 Views 0 comment Print

ACIT Vs. Claridges Hotels Pvt. Ltd. (ITAT Delhi) Company can claim Depreciation in respect of Equipment Installed at Residential Premises of its Managing Director, the same should be added as perquisite in the hands of the said Director but cannot be disallowed in the hands of the assessee company

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