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Omission of clause from statue- Deemed to be from inception or not?

December 22, 2017 2187 Views 0 comment Print

Pursuant to the amendment made by Finance Act 2017, omission of clause (i) of Section 92BA of the IT Act, 1961 be deemed to be removed from statute since the beginning until and unless there is some saving clause or provision that pending proceedings shall be continued and be disposed off under old rules.

TDS can be granted only in year in which income on which such TDS is assessable to tax

December 21, 2017 19539 Views 1 comment Print

As per Section 199(3) of Income Tax Act, 1961 read with Rule 37BA(3)(i) and (ii) of Income Tax Rules, 1962 TDS can be granted only in the year in which the income/receipt on which such tax deducted at source is asses sable to tax.

ITAT allows credit of TDS claimed in Return of Partnership Firm deducted under PAN of Partner

December 21, 2017 6819 Views 1 comment Print

The Income Tax Appellate Tribunal in its recent order ruled that firm cannot claim refund under the income Tax Act when TDS certificate is issued in the name of the partner of the Firm.

Addition for interest U/s. 244A cannot be made in absence of intimation regarding grant of interest

December 21, 2017 1155 Views 0 comment Print

Since assessee had not been served with any intimation or any other communication regarding the grant of interest under section 244A for assessment year 2009-10 and refund in question had been directly credited by department to bank account, the amount of interest had been provided in financial year 2015-16 on receiving of information from AO, therefore, addition being interest under section 244A could not be made by the AO.

Addition of Interest on NPA on accrual basis not justified as banks to recognise such income on Cash basis

December 21, 2017 2343 Views 0 comment Print

The Suvikas Peoples’ Co-op. Bank Ltd. Vs. ACIT (ITAT Ahemdabad) Essence the RBI Directions, 1998 are prudential/ provisioning norms issued by RBI under Chapter IlI-B of the RBI Act, 1934. These norms deal essentially with income recognition. They force the NBFCs to disclose the amount of NPA in their financial accounts. They force the NBFCs […]

Kolkata Port Trust is a ‘Local Authority’ for Income Tax Purpose

December 21, 2017 2376 Views 0 comment Print

The only issue to be decided in both the appeals of the revenue is that whether the assessee Port Trust can be assessed in the status of Local Authority or in the status of Company in the facts and circumstances of the case.

Section 80-IB(10) deduction could not be denied for Genuine delay due to error on Income Tax website

December 20, 2017 879 Views 0 comment Print

Meera Enterprises Vs. ITO (ITAT Mumbai) The Chartered Accountant had prepared the return along with the necessary annexures on 15-10-2010 but due to heavy pressure on computer server of the Centralized Processing Center (CPC) Income Tax Department, Bangalore, the return filing was slow till 8 p.m. Thereafter the Chartered Accountant tried to upload the income […]

Source of agricultural income cannot be denied merely for non-depositing of same in bank account

December 20, 2017 4251 Views 0 comment Print

While hearing the case of Sri Chilukurthi Veeraiah vs. Income Tax Officer, Hyderabad bench of the Income Tax Appellate Tribunal (ITAT) held that Assessing Officer (AO) should give reasonable opportunity to produce evidence to assessee to examine source of gift.

Addition for capital contributed by partner in assessee firm not justified

December 20, 2017 3588 Views 0 comment Print

If AO was not satisfied regarding transaction relating to the cash deposited by partner whose identity was not in doubt and assessee had furnished all the relevant documents, then addition could have been made in the hands of said partner and not in the hands of the assessee.

Date of Transfer in JDA when assessees merely entitled to a specified constructed space

December 20, 2017 1080 Views 0 comment Print

Atluri Usha Rani Vs Asst. CIT (ITAT Hyderabad) I have carefully considered the rival submissions and perused the record. I have also carefully perused the development agreement-cum-GPA. The said agreement shows that the builders and developers have to bear all the expenditure for preparation of the said plan, obtaining licenses, permissions as well as execution […]

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