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No Sales Tax Payable on Medical Equipment’s Imported by Hospital for ‘Own Use’

November 29, 2017 897 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 774 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 11754 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 3744 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 2307 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 1275 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 3192 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 3030 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 4074 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 1809 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 […]

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