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MS Office software License Purchase Expense is Revenue Expense

December 28, 2017 18801 Views 0 comment Print

It is not in dispute that the assessee purchased MS Office software and used the same in its business. By purchasing MS Office software, the assessee has not become owner of the software. The ownership of MS Office software remained with Microsoft company.

Exemption U/s. 11 to 13 cannot be claimed in absence of Registration u/s 12AA

December 28, 2017 3639 Views 0 comment Print

We are of the view that assesse has not filed any Certificate of Registration granted u/s. 12AA of the I.T. Act, 1961, which is mandatory for availing the exemption u/s. 11 to 13 of the Act

F&O Transactions on recognized Stock Exchange cannot be treated as Speculative Transaction

December 28, 2017 3258 Views 0 comment Print

Shri Dron Sureshkumar Rao Vs. ITO (ITAT Ahemdabad) F&O business carried out through recognized stock exchange cannot be treated as speculative loss in view of the exceptions carried out under s.43(5) of the Act. As per clause(d) of first proviso to section 43(5) of the Act inserted by the Finance Act, 2005 with effect from […]

Licence fee paid for using MS Office software cannot be treated as Capital expenditure-

December 28, 2017 4200 Views 0 comment Print

By purchasing licence to use MS Office software assessee received enduring benefit in the course of earning of profit, however, it did not become owner of the software, therefore, licence fee could not be treated as capital expenditure.

Traveling Expenses on behalf of Associated Companies for which cost plus mark-up billing is done are allowable

December 27, 2017 1131 Views 0 comment Print

While dismissing the appeal of revenue, the New Delhi bench of Income Tax Appellate Tribunal in its recent order allowed a claim of expenditure by a Company for traveling expenses incurred on behalf of its Associated Companies.

IT authority cannot direct assessee to maintain its accounts in a particular manner

December 27, 2017 1113 Views 0 comment Print

IT authority has no option/jurisdiction to meddle in the matter either by directing the assessee to maintain its accounts in a particular manner or adopt a different method for valuing the work-in-progress.

No Penalty If determination of ALP not leads to any TP Adjustment, with no effect on income of assessee

December 27, 2017 2475 Views 0 comment Print

Since, the determination of arm’s length price in the appeal effect order has not lead to any transfer pricing adjustment, with no effect on income of the assessee, hence, penalty provisions are not applicable in this case, therefore, we cancel the orders of the authorities below thereby deleting the penalty in dispute.

Business income or capital gains cannot be decided by merely looking at frequency of transaction in shares

December 27, 2017 2892 Views 0 comment Print

ITAT Ahmedabad ruling on Ankur Scientific vs Dy. CIT case. Assessment of share gains as business income challenged. Disallowance of weighted deduction contested.

TDS not deductible on estimation /provision of expenses which was not paid

December 26, 2017 2682 Views 0 comment Print

Explore ITAT Mumbai’s order on Apax Partners India vs. DCIT regarding transfer pricing, legal fees, and travel expenses. Key insights on taxation under section 40(a)(ia)

Income on Agricultural land sale cannot be treated as business gain merely for higher volume of sale consideration

December 26, 2017 2850 Views 1 comment Print

Income Tax Appellate Tribunal (ITAT), Rajkot bench, while allowing the assessees’ appeal, held that the sale of land cannot be treated as business activity for the purpose of levying income tax even though there is a higher volume of sale consideration.

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