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Income attributable to activities carried out outside India is not taxable in India

December 11, 2015 848 Views 0 comment Print

ITAT Delhi held In the case of Hyundai Heavy Industries Co. Ltd. vs. ADIT that the said issue is already covered in favour of the assessee by tribunal decision given in earlier years in which the tribunal held that the contracts are divisible.

Penalty U/s. 271(1) (c) not attracted on addition U/s. 14A on debatable issue

December 9, 2015 8061 Views 0 comment Print

ITAT Delhi held In the case of M/s. Mohair Investment and Trading Company (P) Ltd. vs. DCIT that it is clear that the present issue, related to application of section 14A, especially in relation to shares held as trading assets

MAT provision applicable on banking companies only prospectively w.e.f. AY 2013-14 onwards

December 9, 2015 5147 Views 0 comment Print

ITAT Kolkata held In the case of UCO Bank vs. DCIT that Sec.115JB will be applicable only where the assessee is required to show profit & loss account in accordance with schedule VI of Companies Act. As the banks are required to prepare Balance Sheet and Profit & Loss Account in accordance

No addition u/s 69 where investment along with its source recorded in seized documents

December 9, 2015 616 Views 0 comment Print

ITAT Kolkata held In case of ACIT vs. M/s Prem Lal Jain that no addition could be made u/s 69 as the entire investments in shares made by the assessee have been duly recorded in the books of accounts of the assessee which are part of the seized documents

Disallowance of expenses where liability crystallized in the year but payment due later is not maintainable

December 9, 2015 5554 Views 0 comment Print

ITAT Kolkata held In the case of ICI India Ltd. vs. DCIT that it is clear that liability towards leave encashment is a definite liability which has accrued and arisen during the year. However, payment of the same does not fall during the relevant previous year but under the mercantile system

Penalty u/s 271E may not be imposed where circumstances compels assessee to make repayment in cash

December 9, 2015 1154 Views 0 comment Print

ITAT Mumbai held In the case of Jayantilal Vaishnav HUF vs. JCIT that the reasonable cause u/s 273B need to be seen from the context of the situation where a person is reasonably and under bonafide belief of taking a action beyond his control i.e. cause which prevent a reasonable person in ordinary

Payment made to Independent Consultants is liable for deduction u/s 194J and not 192

December 9, 2015 4387 Views 1 comment Print

Appeal filed by Assessee – The Assessee is a company incorporated under the provisions of Companies Act, 1956 and is engaged in running a Super Specialty Cardiac hospital. The assessee employs two types of Doctors, viz. Full time Consultants (herewith “FTCs)

Furnishing return of income is not mandatory for claiming exemption u/s 10(23C)(iiiad) if gross receipts less than 1 crore

December 8, 2015 3020 Views 0 comment Print

The ITAT Chandigarh in the case of Mahabir Educational Welfare Society vs. DCIT held that for claiming exemption u/s 10)(23C)(iiiad) filling of return of income as per the law applicable for AY 2005-06 and 2006-07 was not mandatory as the gross receipts not exceeded Rs. 1 crore

Addition cannot be justified u/s 68 merely because creditors were not produced before AO

December 8, 2015 3564 Views 0 comment Print

The Assessee was engaged in the manufacturing of readymade garments and export to foreign countries. The Assessee had filed the Income Tax Return, declaring an income of Rs. 11,82,236/- which was processed u/s 143(1) of the Income Tax Act, 1961

Addition u/s 68 on account of share application money not justified where validity of transaction beyond doubt

December 7, 2015 1086 Views 0 comment Print

ITAT Mumbai held In the case of ITO vs. M/s. Superline Construction P. Ltd. that the assessee had duly discharged the burden of proof, onus of proof and explained the source of share capital and advances received by established the identity

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