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Non-resident seafarer Salary credited by foreign employer to NRE A/c with Indian Bank- Addition not justified

June 2, 2017 6396 Views 1 comment Print

Salary accrued to a non-resident seafarer for services rendered outside India on a foreign going ship (with Indian flag or foreign flag) shall not be included in the total income merely because the said salary has been credited in the NRE account maintained with an Indian bank by the seafarer.

Assessee can claim expense on removal of encumbrance created by ancestors

June 2, 2017 3183 Views 0 comment Print

During the course of appellate proceedings, the representative of the assessee submitted that the expenditure towards proportionate compensation of Rs. 79,36,350/- is allowable u/s. 48(1) of the Act, as upon succession of the impugned property, the assessee had paid the compensation as per the document submitted. The representative averred that where the assessee’s ancestors create […]

AO has no power to review entire assessment order on debatable issues and to make additions in order U/s.154

June 2, 2017 3105 Views 0 comment Print

Hon’ble Supreme Court in the leading case, ITO vs. Volkart Brothers [(1971) 82 ITR 50 (SC)] has held that a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions.

Exemption to State Cricket Association cannot be denied for providing stadium to conduct matches

May 31, 2017 2289 Views 0 comment Print

Whether the activity of conducting one-day matches’T-20 matches and Indian Premier League matches by Tamil Nadu Cricket Association would amount to doing business or trade?

No Disallowance U/s. 14A if no expenditure incurred to earn exempt income; ITAT Restores file to AO

May 31, 2017 2016 Views 1 comment Print

Vision EL Tech & Services (P.) Ltd. Vs DCIT (ITAT Bangalore) From the details filed it is observed that there are several instances of fresh investment as well as sale of investment in shares, evidencing frequent movement in the assessee’s investment portfolio and accordingly it cannot be accepted that no expenditure has been incurred by […]

Expense on PF in respect of Contractual Labors is allowable

May 31, 2017 4584 Views 0 comment Print

Assessee is not in a position to recover the amounts paid as provident fund contribution for the respective contract laborers, or considering the business exigencies when the Assessee bears the expenses on account of Provident Fund contribution, then whether in such a situation the expenses can be disallowed?

Deduction U/s. 54 allowable on sale consideration invested one year before sale of property

May 31, 2017 2715 Views 0 comment Print

In this case, the investment was admittedly made one year before the date of sale of property. In view of language employed by Parliament in section 54 of the Act, it is not the requirement that the sale consideration has to be invested in purchase of property.

Section 40A(3): Cash Payment- Person means individual truck driver

May 31, 2017 26004 Views 0 comment Print

Where assessee had sufficiently explained the circumstances under which the payments were made to the truck drivers in cash, for transport of items and no doubt was raised over genuineness of the payments and the payees were identifiable; no dis allowance under section. 40A(3) was warranted.

Section 263 Revision Order passed without issuing notice is void ab-initio

May 31, 2017 2109 Views 0 comment Print

Opportunity of being heard is little more than serving a notice on assessee. It is not an empty formality. Without giving a proper opportunity to assessee, revision proceedings u/s. 263 cannot be finalized as the provisions of Section 263 mandates that the CIT may pass such orders after giving an opportunity of being heard. Since […]

Section 80IB Security guards to be counted in list of workers

May 31, 2017 1353 Views 0 comment Print

In ACIT v. Tripti Menthol Industries, the ITAT, Ahmedabad bench held that Security Guards employed by the assessee-unit must be considered as part of the workers engaged in the manufacturing process for the purpose of giving benefit under Section 80IB(2)(iv) of the Income Tax Act.

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