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CAG can audit Pvt. Companies if Govt Revenue is in question

January 7, 2014 6598 Views 0 comment Print

The Delhi High Court has delivered a judgement in the case of Association of Unified Telecom Service Providers of India Versus Union of India & Others on the powers of CAG to audit the revenues of Private Telecom Companies flowing to the Consolidated Fund of India

Amendment to Section 40(a)(ia) is retrospective in nature

January 5, 2014 5842 Views 0 comment Print

High Court placed reliance on same bench ruling in CIT vs. Rajinder Kumar (ITA No. 65/2013) wherein it was held that “the amended Section 40(a)(ia) expands and further liberalises the statute when it stipulates that deductions made in the first eleven months of the previous year

Salary Cannot be taxed as Income from other sources without proving absence of master and servant relationship

December 28, 2013 4423 Views 0 comment Print

In the returns the assessee had claimed deduction under Section 10(13A) on the basis of the rent paid by him which has been debited from his salary directly. This Section exempts any special allowances specifically granted to an assessee by his employer to meet expenditure actually incurred on payment of rent for residential accommodation occupied by the assessee,

HRA allowable if rent is actually paid by the assesee

December 28, 2013 6724 Views 0 comment Print

From a reading of the clauses (a) and (b) of the Explanation to section 10(13A), which were inserted by the Taxation Laws (Amendment) Act, 1984 with retrospective effect from 1-4-1976, it is absolutely clear that in order to claim deduction under sub-section (13A)

Addition made by AO of notional interest which was not in existence is not correct

December 27, 2013 2367 Views 0 comment Print

If the assessee had not bargained for interest, or had not collected interest, we fail to see how the income-tax authorities can fix a notional interest as due, or collected by the assessee. Our attention has not been invited to any provision of the Income-tax Act empowering the income-tax authorities to include in the income interest which was not due or not collected

Defects in panchnamas not affect validity of search

December 27, 2013 5824 Views 0 comment Print

Assessment proceedings under section 153A of the Act are invalid as no panchnamas were drawn in the names of 22 petitioners. Another aspect of the said contention relating to validity of proceedings under Section 153A of the Act has been also raised.

S. (10(13A) ‘Salary’ does not include commission for Calculation of HRA

December 27, 2013 9556 Views 0 comment Print

Contribution to be made to the provident fund must be the proportionate amount of salary paid to the employees. Salary was a fixed monthly payment whereas the commission was not a fixed payment and could not be included within the scope and ambit of the term salary .

S. 10(13A) ‘Salary’ does not include bonus for Calculation of HRA

December 27, 2013 21433 Views 2 comments Print

Bonus cannot be regarded as falling within the scope of the expression salary as defined in Clause (h) of Rule 2. Clauses (b) and (c) of Rule 4 contain a clear indication that the expression salary takes in only periodical payments made by the employer to the employee during a year by way of remuneration.

Even in a composite contract, off-shore profits cannot be assessed by dept. without showing its attribution to PE

December 27, 2013 597 Views 0 comment Print

Being a resident of Korea, appellant is governed by the Income-tax Laws applicable to the class of assessees as that of the appellant as prevalent in Korea. Therefore, it has a tax identity in Korea. In addition thereto, appellant has submitted to the jurisdiction of Indian Taxing Authorities by furnishing return of income and, thereby, acknowledged that it has also a tax identity in India.

Hindu married to non-Hindu can’t get divorce under Hindu Marriage Act

December 24, 2013 2340 Views 0 comment Print

The Bombay high court in the case of Niranjani Roshan Rao V/S. Roshan Mark Pinto, in Family Court Appeal No. 124 of 2013 has held that a Hindu married to a non-Hindu in accordance with Hindu rituals cannot seek divorce under the Hindu Marriage Act.

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