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Penalty not levaiable on Management Bonus not offered to tax as books of company not finalised

March 7, 2017 897 Views 0 comment Print

In this case the bonus was determined after finalisation of accounts in the month of September 2009. The same related to income for the period ended 31st March 2009. The company which is the employer of the assessee did not deduct TDS of the said income till filing of income tax return by the assessee.

TDS Rates Chart for FY 2017-18 / AY 2018-19

February 18, 2017 2171409 Views 43 comments Print

TDS Rates Chart for Financial Year 2017-18/ Assessment Year 2018-19 vide Finance Act 2017 i.e Budget 2017-18. We have updated the TDS rate chart considering the amendments made by Finance Act, 2017.

Reopening on ground that returned income is lower in comparison to income offered by others is invalid

February 13, 2017 1776 Views 0 comment Print

Assessing officers completely erred in reopening assessments on the basis of either a suspicion that there is suppression of income or on the basis that persons in the same line of business are returning a higher income. Without even mentioning the comparables, no initiation of proceedings under section 147 can be made.

Section 11D cannot be invoked if excise duty collected been paid to Govt

February 8, 2017 4647 Views 0 comment Print

It was not even alleged that they collected a amount as ‘duty’ but not paid it to the exchequer. None of situation specified in section 11D is applicable in the present case. In fact, in such a situation, there should not have any grievance to the parties since the appellants had paid the amount whatever they collected and paid it completely.

Disallowance cannot be made by only giving weight age to nomenclature and without seeing real purpose for payment

February 3, 2017 1221 Views 0 comment Print

Where assessee paid amount to deliveryman to deliver the newspapers and delivery persons were nothing but casually engaged labourers and they have no other work to perform and assessee had wrongly debited the amount as commission in its books, AO was not justified in making dis allowance under section 40(a)(ia) for no TDS by only giving weight age to nomenclature and without seeing the real purpose for payment.

Interest Expenses can’t be disallowed if Assessee had enough Own Funds

January 29, 2017 2910 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently held that interest expenses can’t be disallowed when assessee had own funds which was more than the investments yielded tax free income.

Addition for undervaluation not justified without alleging that assessee received more consideration than what is stated in the sale deed

January 24, 2017 3951 Views 0 comment Print

The presumption against the value being understated (not undervalued) is greater where parties are connected or related. However, if the AO does not allege that the assessee received more consideration than is stated in the sale deed, he cannot made an addition to the stated consideration.

Expense on improvement of leased building not allowable U/s. 37(1) but depreciation can be claimed on the same

January 13, 2017 10878 Views 0 comment Print

Business of the assessee is carried on in the leased property and any expenditure is incurred on the construction of any structure by way of renovation, extension or improvement, then, section 32 will apply and accordingly, the assessee can claim depreciation on the value spent on such improvement or changes in the structure.

Company with extraordinary events cannot be considered as comparable

December 28, 2016 2571 Views 0 comment Print

ITAT held that on account of extra ordinary events viz. acquisition of IQ group of companies and amalgamation of Accentia Infoserve Pvt. Ltd with Accentia Technologies Ltd, the said company cannot be considered as good comparable.

Deduction u/s 80IC cannot be claimed for more than 5 years for units Set Up in specified areas in Himachal Pradesh

December 16, 2016 2736 Views 0 comment Print

M/s Shree Dhanwantri Herbals Vs. DCIT (ITAT Chandigarh) Benefit of deduction u/s 80IC of the Act @ 100% was available to new units, only on the setting up of the unit and not on account of substantial expansion undertaken by it. It was further held that there can be only one initial assessment year for […]

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