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

November 29, 2017 35841 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 1173 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 2112 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 888 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 765 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 11592 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

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

November 29, 2017 3714 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 2289 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 1272 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 3165 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.

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