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All ITAT

IPL Sponsorship expenses allowable as Revenue Expenditure

April 30, 2017 4902 Views 0 comment Print

expenditure incurred for organizing sports events are allowable items of revenue expenditure as such events publicise the names of the sponsor.

Income Tax Exemption to MIG Cricket Club under department scanner

April 29, 2017 1206 Views 0 comment Print

We are prima facie of the opinion that the activities of the assessee of Banquet Hall Hiring, Hospitality (Restaurants) and Permit Room (Bar) are in the nature of carrying on trade, commerce, or business for consideration, which are hit by proviso to Section 2(15) of 1961 Act.

No TDS liability can be imposed for notional provision reversed afterwards

April 29, 2017 4128 Views 0 comment Print

If the assessee is able to establish that it was only a notional provision which was reversed afterwards, then no TDS liability can be imposed on the assessee.

Section 80-IB(10) If Authority excluded open terrace from working of built-up area than revenue cannot review the same

April 28, 2017 2322 Views 0 comment Print

In a significant ruling, the ITAT Chennai held that the private open terrace attached with residential unit would form part of built- up area for the purpose of computing deduction under section 80-IB(10) of the Income Tax Act if the same was included in the house project approved by the local authority.

AO should allow credit of TDS deducted and deposited wrongly in assessee’s erstwhile name

April 28, 2017 3642 Views 0 comment Print

The learned Commissioner (Appeals)-3, Bengaluru has erred in not allowing credit in respect of TDS deducted and deposited by certain customers wrongly in the erstwhile name of the appellant (IT &T Technology Services Limited now known as IGATE Infrastructure Management Services Limited) of Rs. 61,84,211.

No specific format is provided U/s. 14A for recording satisfaction

April 28, 2017 1179 Views 0 comment Print

Since, no specific format is provided under the Act for recording satisfaction for making dis allowance under section 14A, AO was not required to give detailed reasons for invocation of rule 8D(2) in view of the fact that assessee failed to discharge its primary onus of proving nexus between interest-free funds and the investments yielding tax- free income.

Interest on Fixed Deposits received by society from Bank is Taxable

April 28, 2017 5466 Views 0 comment Print

In assessee’s case, the bank is not even a member of the society. The nature of the transaction between the assessee and the bank would disqualify application of the principle of mutuality. Therefore, the transactions with the bank who is not even a member of the society cannot be considered as a transaction for which […]

Income from leasing of factory premises after discontinuing business is taxable as Income from other sources

April 28, 2017 5622 Views 0 comment Print

When the business asset of the assessee is let out but after discontinuing the business activity of the textile mill then the rental income cannot be treated as income from house property however the same would be assessed as income from other sources.

Assessee entitled for Credit of TDS deducted in erstwhile name

April 28, 2017 3339 Views 0 comment Print

The credit of TDS deducted and deposited in the old name and old PAN No. and the credit of the same was not given to the assessee on account of mismatch, though entity is the same.

Right to receive a property is a valuable and transferable right

April 28, 2017 1719 Views 0 comment Print

ITAT has held that right to receive a property is a valuable and a transferable right and falls within the ambit of “capital asset” and hence profit earned on sale of allotment right (without physical possession of the property) is taxable as Capital Gains and not as Income from other sources.

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