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Penalty not justified for loan received in cash and immediately refunded

December 2, 2017 3642 Views 0 comment Print

The Income Tax Officer Vs Mrs. Lakshmi Vishwanath (ITAT Delhi) Briefly the facts of the case are that the A.O. in the assessment order noted that assessee was asked to explain source of the cash deposit in her bank account maintained with State Bank of India. The assessee attended the proceedings before A.O. and filed […]

Non-Speculative Business Loss can be set off against speculative Business Income

December 2, 2017 8244 Views 0 comment Print

Non-Speculative Business Loss can be set off against speculative Business Income

Claim of depreciation on land cannot be termed as clerical mistake

December 2, 2017 12579 Views 0 comment Print

It is a manifest procedure that before filing of the Income Tax return for the assessment year 2007-2008 by the petitioner, the same is scrutinized, firstly, by the auditors of the company. Secondly, by the directors of the company before endorsing their signatures on the final Balance Sheet. Therefore, it cannot be considered as a mere accounting mistake.

Writ Petition not Maintainable against a Show-Cause Notice: HC

December 1, 2017 2304 Views 0 comment Print

In our considered view, no writ petition is maintainable against a show-cause notice. The petitioner, if so advised, may submit objections against the show-cause notice and if any adverse order is passed, he shall have his remedy against the same in accordance with law.

Derivatives Profit / Loss: Section 43(5)(d) applies from AY 2006-07

December 1, 2017 29856 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) has recently held that loss derived from trading in derivatives carried out prior to 25/01/2006 cannot be treated as speculative loss and it should be treated as normal business loss under the provisions of the Income Tax Act, 1961.

TDS not deductible on Interest paid to a company carrying on Insurance business

December 1, 2017 3876 Views 0 comment Print

The Income Tax Appellate Tribunal recently proclaimed that the provisions relating to TDS would not be applicable in case of interest paid to a Non-Banking Finance Companies (NBFC) which is also engaged in business of insurance.

Food to employees in office or factory does not form part of fringe benefit

December 1, 2017 3147 Views 0 comment Print

It is clear from the provision of section 115WB(2)(B)(i) of the Act that expenditure on food provided by the employer to the employees in an office or factory does not form part of the fringe benefit.

Difference of opinion between CIT(A) & TPO cannot per se be a ground for interference

December 1, 2017 951 Views 0 comment Print

Pr. CIT Vs Makemy Trip India Pvt. Ltd. (Delhi High Court) The Court is of the opinion that no substantial question of law arises. The difference of opinion between the CIT(A) and the TPO, as to the appropriateness of one or the other methods, cannot per se be a ground for interference; the appropriateness of […]

Demand for short/non deduction of tax cannot be enforced, if due taxes were paid by recipient

December 1, 2017 1470 Views 0 comment Print

Challenging the orders dated 14/03/2014 and 14/07/2014 of the CIT(A)-14, Mumbai the assessee has filed the present appeals for the above mentioned Assessment Years(AY.s). Assessee is a foreign bank and is providing banking services.

Loss on Sale of Assets to ARCIL is allowable irrespective of treatment in Books of Account

December 1, 2017 3819 Views 0 comment Print

What has to be seen is the substance of the transaction. Considering the fact that the assessee had suffered loss while carrying out normal business activity i.e. selling its assets. Therefore,we hold that there was no justification for disallowing the loss suffered in the transaction.

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