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Interest paid on late payment of services tax dues and TDS is allowable

August 30, 2014 47004 Views 1 comment Print

DCIT Vs Narayani Ispat (P) Ltd. (ITAT Kolkata) Interest was paid for delayed payment of service tax & TDS. The interest for the delay in making the payment of service tax & TDS is compensatory in nature. As such the interest on delayed payment is not in the nature of penalty in the instant case […]

Deduction U/s 80IC can be claimed, despite no chemical change in composition of the raw material during manufacturing process

August 30, 2014 7214 Views 0 comment Print

assessee had set up a unit at Baddi in Himachal Pradesh for packaging of Horlics, Boost for Glaxo Smithkline Consumer Healthcare Ltd. The assessee filed its return of income claiming deduction u/s 80IC of Rs. 6,59,69,287/- @ 100% on the profits of the eligible business alleging

Assessee can maintain two separate portfolios, one for investment & other for business of dealing in shares

August 29, 2014 1301 Views 0 comment Print

The ld. Counsel for the assessee has furnished before us the details of transactions in shares made by the assessee in the year under consideration as well as in the immediately preceding year i.e. A.Y. 2006-07 to show that the nature of transactions including their frequency

Business loss can be set off against addition u/s. 68 or undisclosed income

August 28, 2014 5090 Views 0 comment Print

Once loss is determined, the same should be set off against the income determined under any other head of income including undisclosed income. Hon’ble ITAT Ahemdabad Bench in the case of M/s. K.R. Automobiles v/s ACIT in ITA No.1972/Ahd/2012 has held that business loss can be set off against the addition u/s.68 of the Act by observing as follows:-

Purchases cannot be bogus for mere listing of supplier as hawala dealer

August 25, 2014 29929 Views 0 comment Print

ITAT Mumbai has in the case of Shri Rajeev G. Kalathil Vs. DCIT held that Purchases can not be termed as bogus by the AO merely because the supplier was listed as a hawala dealer by the Vat authorities.

Disallowance U/s. 14A cannot exceed expenditure claimed as a deduction

August 23, 2014 4902 Views 0 comment Print

We find from the audit report that the expenses in respect of exempt income was shown at Rs. Nil,that the assessee had debited direct expenses on account of dematerialisation and STT in the capital account and in the profit and loss account,that AO had presumed that the assessee had must

Dividend Taxable if Company from whom it received has not paid dividend distribution tax

August 23, 2014 8600 Views 0 comment Print

Dividend is not exempt under Section 10(34) read with Section 115-O because the companies from whom the assessee received the dividend has not paid dividend distribution tax. His claim is that the dividend received by the assessee company is exempt on account of mutuality

Penalty cannot be levied merely because an amount is not allowed or taxed as income

August 23, 2014 19717 Views 0 comment Print

Hon’ble Supreme Court in the case of M/s Hindustan Steel Ltd. vs State of Orissa (1972) 83 ITR 26(SC) and decision of Hon’ble High Court of Delhi in Escorts Finance Ltd. (2009) 226 CTR (Del) 105 wherein it was held that where facts are clearly disclosed in the return

Interest Expense incurred to earn Interest Income is allowable – Section 57(iii)

August 15, 2014 41118 Views 12 comments Print

As long as the expense is incurred wholly and exclusively for the purpose of earning an income, even if it is not necessarily for earning that income, it will still be deductible in computation of income. What thus logically follows is that even in a situation in which proximate or immediate cause of an expenditure was an event unconnected to earning of the income

Transfer Pricing: Share application money cannot be treated as loan for taxing notional interest despite non-allotment of shares for long time

August 15, 2014 3156 Views 0 comment Print

Assessee has challenged the addition made by the A.O. and sustained by the ld. CIT(A) by way of TP adjustment on account of interest chargeable on the amount of share application money paid to its AE and lying unutilized for a period beyond 60 days treating the same as loan.

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