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Interest on FD made out of Share Capital under constraint is Capital Receipt

November 29, 2017 4191 Views 0 comment Print

Hyderabad bench of Income Tax Appellate Tribunal recently held that interest income earned from deposits of share capital as fixed deposits in bank should be considered as capital receipt which is not taxable under the provisions of the Income Tax Act, 1961.

HC explains concept of initial assessment year & substantial expansion U/s. 80-IC

November 28, 2017 2679 Views 0 comment Print

The moot issue involved in these appeals, inter alia, is as to whether an undertaking or an enterprise, established after 7th January, 2003, carrying out substantial expansion within specified window period, i.e. between 7.1.2003 and 1.4.2012, would be entitled to deduction on profits @ 100%, under Section 80-IC of the Income Tax Act. Also, if so, then for what period.

Reopening not permissible on the ground of expense which was not claimed by Assessee

November 28, 2017 1491 Views 0 comment Print

Assessee sold 3,10,000 shares and claimed resulting gains as exempt under section 10(38). AO denied the exemption on the ground that as the shares were not held by the assessee for more than 12 months period, therefore, same could not be considered as long-term capital assets.

SC rejects Bail plea of Rohit Tandon for alleged Possession & Conversion of Demonetized Notes

November 28, 2017 3408 Views 0 comment Print

While upholding the proceedings against Advocate Rohit Tandon, a three judge bench of the Supreme Court confirmed the Delhi High Courts’ order denying bail for possession and conversion of Demonetized Currency.

Receipt of beneficial share from partnership firm cannot be treated as unexplained

November 28, 2017 3309 Views 0 comment Print

ACIT Vs. M/s. Jeannie Jamshed Madan (ITAT Mumbai) The fact that the assessee is one of the beneficiaries in the Estate of late Shri M.S. Kotwal who is partner in the partnership firm of M/s. Mira Salt Works is not in dispute. The reason for bringing to tax the amount received by the assessee is, […]

Income from licensing of running hotel is business income

November 28, 2017 4416 Views 0 comment Print

All these, provisions of agreement would, therefore, indicate that license that has been granted is that of a fully established running hotel authorizing the licensee to operate the hotel for a specified period subject to the terms and conditions incorporated therein.

Penalty cannot be imposed for mere disallowance of Additional Depreciation

November 28, 2017 1995 Views 0 comment Print

Bhavani Gems Vs. ACIT (ITAT Mumbai) We have heard the rival contentions and perused relevant material on record including cited orders of Tribunal in assessee’s case for different years. Upon perusal of the same, we find strength in the argument of Ld. AR since the assessee’s claim for additional depreciation has been allowed in subsequent […]

Credit co-operative society providing credit facilities to members can claim deduction u/s 80P(2)(a)(i)

November 27, 2017 2352 Views 0 comment Print

The Income Tax Appellate Tribunal Bangalore bench while dismissing revenues appeal recently ruled that Credit co-operative society engaged in providing credit facilities, etc., to its members is eligible for deduction under Section 80P of the Income Tax Act, 1961.

HC dismiss petition demanding Movies with ‘A’ Certificate be Not Shown on TV despite editing

November 24, 2017 1242 Views 0 comment Print

Erada Gopi Chand Vs. Union Of India & Anr. (Delhi High Court)  The primary ground of challenge raised in this writ petition is to the effect that once having accorded a certification to a film under Section 5A of the Cinematograph Act, 1952, the Central Board of Film Certification, constituted by the Central Government under […]

TDS U/s. 194J not applicable on Roaming Charges

November 23, 2017 1299 Views 0 comment Print

Tribunal found that roaming charges cannot be considered as fee for technical services, therefore, the provisions of Section 194J of the Income-tax Act, 1961 is not applicable.

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