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Royalty paid to Suzuki Motor Corporation Japan by Maruti Suzuki India Ltd. for use of licensed information is revenue expenditure

January 5, 2018 4053 Views 0 comment Print

Maruti Suzuki India Ltd. Vs ACIT (ITAT Delhi) The royalty paid to Suzuki Motor Corporation Japan by Maruti Suzuki India Ltd. for the use of licensed information held to be revenue expenditure

Tips paid by bank to casual workers on festive occasion is allowable expense

January 5, 2018 4923 Views 1 comment Print

In West Bengal State Co-operative Bank Ltd. v. DCIT, the Kolkata bench of Income Tax Appellate Tribunal in its recent order has held that the payment made by banks to casual workers on festive occasion can be allowed as deduction under section 37 of the Income Tax Act.

ITAT explains Meaning of term “relative” in context of HUF

January 5, 2018 17772 Views 0 comment Print

While hearing the case of Subodh Gupta vs Commissioner of Income Tax (CIT), Delhi bench of Income Tax Appellate Tribunal (ITAT) recently held that gift received by Hindu Undivided Family (HUF) from the mother of Karta would attract Income Tax.

Addition for Capital Gain cannot be made for merely signing as a Confirming Party

January 4, 2018 4905 Views 0 comment Print

It has been clearly mentioned that the capital gain income has been declared in the return of income of Smt. Gyanwati Dhakar, who has actually sold this property. The assessee has just signed as a confirming party.

Compute working capital adjustment using OECD methods: ITAT upheld DRP direction

January 4, 2018 5247 Views 0 comment Print

Whether the observations of Honble DRP is right in directing the TPO to give working capital adjustment [using OCED methodology given in Annexure to chapter – 3 and applying SBI Prime Lending Rate (as on 30th June of the relevant financial year) as the interest rate] against the TPO order dated 16.01.2014 passed u/s 92CA(3) for A.Y. 2010-11.

No Penalty if income is assessed on estimate basis and addition is made on that basis

January 3, 2018 3762 Views 0 comment Print

. The provisions of section 271(1)(c) are not attracted in cases where income of the assessee is assessed on an estimate basis and addition is made on that basis. Even if the assessee is not able to substantiate the explanation, but his explanation is not lacking bona fide, and, therefore, we are of the view that it is not a fit where vigour of provisions of section 27 1(1) is attracted.

Addition U/s. 69 for Jewellery duly reflected in Books with evidenced source not sustainable

January 3, 2018 1311 Views 0 comment Print

The Kolkata bench of Income Tax Appellate Tribunal, in its recent order said that Investment in Jewellery cannot be treated as Unexplained when it is reflected in the books & the source of Fund is evidenced through Bank A/c.

Law on Exemption for Partners’ Share of Profit in Income of Firm

January 3, 2018 34155 Views 0 comment Print

The Kolkata bench of the Income Tax Appellate Tribunal (ITAT), in Vinod Agarwal vs Pr.C.I.T.Central, has explained the law on income tax exemption for partners’ share of profit in the income of the firm in detail.

Mere furnishing of confirmations & PAN not sufficient to prove creditworthiness of creditors

January 3, 2018 2412 Views 0 comment Print

Mayuri Infrastructure (P) Ltd. Vs ITO (ITAT pune) Mere furnishing of confirmations and PAN are not sufficient to prove the creditworthiness of the creditors. The assessee has to prove financial capacity of the creditors. The assessee was required to furnish evidence that would show financial worth of the creditors, such as bank statements, to remove […]

Commission to Director based on % of Profit is allowable in year of Profit Determination

January 3, 2018 3138 Views 0 comment Print

Since, the commission to the Managing Director was payable by the assessee company on the profits and the profits for the financial year 2009-10 was determined only in the year under consideration after finalizing the account. The allow ability on account of commission was crystallized in the year under consideration and the Ld. CIT(A) in our opinion was fully justified in allowing the same.

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