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Katrina Kaif gets relief from ITAT against additions in Search Assessment

October 23, 2017 2748 Views 0 comment Print

In the year 2011, a search conducted on the premises of the residence of the assessee resulted in recovery of certain documents on the basis of which, the department made some addition on account of undisclosed income arising out of appearance fee in ICC Awards function, unexplained expenditure etc.

Re-Assessment under Wealth Tax Act without supplying reason for same is invalid

October 23, 2017 2574 Views 0 comment Print

Briefly the facts of the case as noted in the assessment order are that in this case assessment for A.Y. 2006-2007 has been reopened after recording satisfaction and obtaining approval of Addl. CIT, Range-25, New Delhi, under section 17 of the Wealth Tax Act.

Income from Leasing of Retail Space in Mall is Taxable as ‘Income from House Property’

October 23, 2017 5556 Views 0 comment Print

Select Infrastructure Pvt. Ltd Vs. Addl. CIT (ITAT Delhi) Here in this case, qua the retail space, the assessee was not carrying on any systematic or organized activity of providing service to the occupiers of the shops, albeit other service charges pertaining to the common maintenance, event and advertising, parking fees, etc., has been offered […]

TDS deductible on Remittance to Google Ireland by Google India

October 23, 2017 3006 Views 0 comment Print

A division bench of the Bengaluru ITAT, on Tuesday held that the distribution fee paid by Google India to Google Ireland for use of its Ad words programme is taxable in India as royalty under the provisions of the Income Tax Act, 1961.

DDT cannot be charged to tax in a different year merely for Mistake of Assessee

October 22, 2017 5805 Views 0 comment Print

M/s Drawmet Wires Pvt. Ltd. Vs. ACIT (ITAT Jaipur) It is settled proposition of law that DDT is chargeable only in the year when it is declared, distributed or paid and not prior to that. In the case on hand the assessee has produced all relevant record to show that the dividend was proposed by […]

100% addition on bogus purchases cannot be done without doubting sales

October 22, 2017 3114 Views 0 comment Print

Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. In such situation, in our considered opinion, on the facts and circumstances of the case, 12.5% disallowance out of the bogus purchases meets the end of justice. Accordingly, I hold that the disallowance should be restricted to 12.5% of the bogus purchases.

Embezzlement Loss due to Fund Siphoning by Employees is Business Loss

October 21, 2017 6000 Views 0 comment Print

This appeal is filed by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals) -17, Mumbai dated 29.01.2015 for the Assessment Year 2010-11.

Interest u/s 234A/ 234B cannot be levied in absence of any mention in Assessment Order

October 20, 2017 4740 Views 2 comments Print

In the absence of any specific mention of the Assessing Officer in the assessment order for charging of interest u/s 234A and 234B, no interest would be recovered from the assessee merely by way of a demand notice.

S. 271B No penalty Failure to get accounts audited for Bona fide belief that assessee not liable to get audited

October 20, 2017 10797 Views 0 comment Print

The issue is with respect to levy of penalty under section 271B of the Act. It is an undisputed fact that assessee is engaged in the business of Advertising Agency and during the year under consideration the commission earned from the Advertising Agency was not in excess of the limits prescribed under section 44AB for the purpose of getting the books audited.

Interest on advances received under Sub-Lease Agreement with defective Title

October 19, 2017 1002 Views 0 comment Print

The Bengaluru ITAT, on Wednesday, confirmed the dis allowance of interest expenses claimed on advances received under sub-Lease agreement since there was a defect in the title of the assessee on the subject property.

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