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Tax Exemption to encourage Industrialization cannot be equated with Tax Refund

December 7, 2017 1071 Views 0 comment Print

Exemption from tax to encourage industrialization cannot be equated with refund of tax. They are two different legal and distinct concepts. An exemption is a concession allowed to a class or individual from general burden for valid and justifiable reason.

Sec 50C not applies to distress Sale of Land to Govt Company

December 7, 2017 7206 Views 0 comment Print

ITO Vs. Southern Steel Ltd. (ITAT Hyderabad) The moot point in this case is whether Sec. 5OC can be invoked when the purchaser is a government undertaking i.e, Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC). In the real estate business it is prevalent that the substantial part of the consideration is unaccounted. In order to […]

Depreciation @ 60% allowable on Software used for imparting training

December 7, 2017 6408 Views 0 comment Print

Where assessee developed various educational software/special courses for imparting education, then assessee was correct in claiming depreciation at 60 per cent treating same as software based on the facts that these were specially designed computer softwares

Expense on replacement of optic fibre cables on regular basis to retain existing Customers is revenue expense

December 6, 2017 3816 Views 0 comment Print

Contention of that assessee was that the traditional cable was cut and damaged by the rival cable network operators. The assessee therein had to necessarily replace the damaged part of the cables alone and not the entire cable by optical fibre cable for transmitting TV signals.

Abated assessments cannot be disturbed if no incriminating material found during search

December 6, 2017 5166 Views 0 comment Print

Legislature had conferred powers on AO to just follow assessments already concluded unless there is an incriminating material found in search to disturb concluded assessment.

No Section 14A disallowance for dividend earned on Strategic Investment in Subsidiary Company

December 6, 2017 4716 Views 0 comment Print

This appeal as well as Cross Objection (CO) by the Revenue and assessee is directed against the order of Commissioner of Income Tax (Appeals)-9, Kolkata dated 01.12.2015. Assessment was framed by DCIT, Circle-11, Kolkata u/s 143(3) of the Income Tax Act, 1961

Expenses incurred to earn Interest Income can be claimed u/s 57(iii)

December 6, 2017 34029 Views 0 comment Print

ITO Vs. M/s Borojalingh Tea Co. (ITAT Kolkata) The question before us arises so as to whether the assessee is entitled for claiming the interest expense against the interest income in the given facts and circumstances. It is undisputed fact that the loan was provided to the parties on interest and accordingly interest income was […]

Section 194C TDS not applicable on Transport Charges Reimbursed to suppliers

December 6, 2017 17097 Views 0 comment Print

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Burdwan dated 20.01.2016 and the solitary issue involved therein relates to the deletion by the ld. CIT(Appeals) of the disallowance of Rs.32,06,445/- and Rs.3,58,000/-

TDS U/s. 194H not deductible on bank guarantee commission

December 6, 2017 5223 Views 0 comment Print

When the bank issues a bank guarantee on behalf of the assessee, all it does is to accept the commitment of making payment of a specified amount to the beneficiary on demand and it is in consideration of this commitment that the bank charges of fee which is termed as ‘bank guarantee commission’

Payments made towards making copies of films- TDS U/s. 194C or 194J?

December 6, 2017 9372 Views 0 comment Print

DCIT Vs. Yash Raj Films (P) Ltd. (ITAT Mumbai) In this case stand of assessee has been that assessee company had deducted TDS on the negative processing charges paid to Kodak India Ltd. as per the provisions of section 194J of the Act, as the negative processing involves specific tasks of editing, enhancement of quality […]

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