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Deduction U/s. 80P(2) cannot be denied to registered Primary Agricultural Credit Society for doing banking business

July 24, 2017 1425 Views 0 comment Print

ITAT held that as the assessee had produced a certificate showing that it was registered as Primary Agricultural Credit Society under the provision of Co-operative Societies Act, therefore, the assessee was entitled to the benefit of deduction under section 80P(2).

No Interest on Late TDS Payment due to System / Connectivity issues at Bankers’ End

July 24, 2017 1254 Views 0 comment Print

In ACIT Vs. M/s. Nokia Siemens Networks (P) Ltd, the Delhi ITAT held that assessee cannot be treated as Assessee- in- Default for Late payment of TDS due to system and connectivity issues at the bankers’ end.

ITAT Confirms Penalty for not attending SCN related to Undisclosed Swiss Bank A/C

July 24, 2017 1071 Views 0 comment Print

The facts about the Bank Accounts and other circumstances are in the exclusive knowledge of the assessee and non co-operation leads to derailment of It is the duty of every assessee to duly respond to statutory notices failing which the law provides imposition of penalty u/s 271(1)(b) of Rs. 10,000/- each default. In this case, assesse’s non- compliance of statutory notice is for more than 3 times in each A. Y.

Income tax dept cannot determine annual rent value on notional basis unless there is established fraud, collusion etc.

July 23, 2017 1992 Views 0 comment Print

Law does not permit the revenue to reject the amount determined as rent or license fees by the assesse on mere doubt or suspicion. There has to be cogent and satisfactory material to indicate that the rent or fees determined by the parties are not indicative of the fair or market rent.

Foreign Business Tour by Non-Employee Director/Shareholder of Company not taxable as Perquisite

July 17, 2017 3258 Views 0 comment Print

Assessee was a non-employee director and share holder in the company and no salary or director’s fees was paid to her by the company during the year under consideration.

Allowability of deduction U/s. 80P(2)(a)(i) to Co-operative society engaged in providing credit facilities to members

July 12, 2017 12090 Views 0 comment Print

These appeals preferred by the assessee emanates from the order of learned Commissioner (Appeals)-2, Jodhpur for assessment year 2008-09 vide order dated 19-11-2015; assessment year 2010-11 vide order dated 20-11-2015

Discount not claimed in commutation of income cannot be disallowed U/s. 40(a)(ia)

July 12, 2017 2160 Views 0 comment Print

Where the impugned amount is not claimed by the assessee by way of deduction under sections 30 to 38 of the Act while computing the income of the assessee under the head Profits and gains of business or profession the question of making any dis allowance under section 40(a)(ia) of the Act will not arise

No penalty for claim of depreciation at higher rate on UID Kit under bonafide belief

July 11, 2017 711 Views 0 comment Print

Where assessee, under a bona fide belief that UID kit being a part of computer claimed depreciation at 60%. Tribunal held that disallowance of claim would not result in levy of penalty under section 271(1)(c).

Power of Attorney Holder cannot be assessed for Capital Gain

July 10, 2017 36816 Views 0 comment Print

Power of attorney is not an instrument of transfer in regard to any right, title or interest in any immovable property. The power of attorney is a creation of an agency whereby the grantor authorizes the grantee to do acts specified therein, on behalf of grantor, which when executed will be binding on the grantor […]

Assessee cannot be taxed for money received as power of attorney of land owner

July 10, 2017 5727 Views 0 comment Print

Gyan Chand Agarwal Vs Addl. CIT (ITAT Jaipur) The issue in this ground is whether the sale consideration of the land belonging to Shri Sultan Meena can be taxed in the hands of the assessee, who is admittedly Power of Attorney holder of Shri Sultan Meena. There is no dispute with regard to the fact […]

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