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Tax Audit applicable to Partners on Income from Partnership Firm

January 23, 2014 29771 Views 0 comment Print

The short issue in this appeal is whether or not penalty under section 44AB will also be attracted in the case in which the professional income of the assessee received from partnership firm of Chartered Accountants is taxable under the head “income from business or profession

Consideration for transfer of sales tax incentive taxable as revenue receipt

January 22, 2014 3639 Views 0 comment Print

Assessee has sold its sales tax incentives and what it has received is not sales tax benefit/incentive but sale consideration on transfer of its entitlement and sale consideration is nothing but is a benefit directly arising from business and, is therefore, a revenue receipt.

Provision for foreseeable loss made in accordance with guidelines of AS-7 allowable

January 22, 2014 12565 Views 0 comment Print

The sum and substance of the grievance of the assessee is that the Ld. CIT(A) has erred in upholding the request of the AO to disallow the future losses recognized by the company as per Accounting Standard -7 (AS-7) , as during original assessment proceedings there was no discussion or disallowance on this ground.

Transfer not complete despite possession if willingness to perform not ascertainable with certainty – ITAT Distinguishes Chaturbhuj Kapadia

January 21, 2014 1106 Views 0 comment Print

Even a cursory look at the admitted facts of the case would show that the transferee had neither performed nor was it willing to perform its obligation under the agreement in the previous year relevant to assessment year under consideration.

Mere non residential use subsequently would not render property ineligible for benefit U/s. 54F

January 21, 2014 1337 Views 0 comment Print

Mere non residential use subsequently would not render the property ineligible for benefit u/s.54F, if it is otherwise a residential property, as held by the Delhi Bench of the Tribunal in the case of Mahavir Prasad Gupta Vs JCIT (5 SOT 353).

Direct and exclusive NRI Desk expenses incurred by head office not hit by section 44C

January 18, 2014 2668 Views 0 comment Print

An identical issue has been considered and decided by this Tribunal in assessee’s own case for the assessment year 2002-03, Addl. DIT v. Bank of Bahrain & Kuwait. Respectfully following the order of this Tribunal, the direct and exclusive NRI Desk expenses incurred by head office were allowed

No Addition U/s. 68 for RNBC/ Banks despite not proving creditworthiness of depositors if complied with KYC norms

January 17, 2014 1346 Views 0 comment Print

For any RNBC registered with RBI engaged in the business of mobilizing deposits, it is well nigh impossible to insist on the depositor to submit documents to establish creditworthiness of the prospective depositors before accepting the deposit.

Depreciation allowable on BOT Assets despite Assessee not being the owner

January 16, 2014 3324 Views 0 comment Print

We have considered the rival submissions of the parties and perused the relevant material available on record. It is undisputed fact that the department allowed the similar amortization of BOT Project expenditure in the earlier assessment year under scrutiny assessment under section 143(3) of the Act.

Trust Eligible for Relief u/s in respect of income from pharmacy run by it with in its hospital premises

January 6, 2014 1286 Views 0 comment Print

The first item so considered by the assessing authority is the receipts from pharmacy section. It is to be seen that assessee is running a full-fledged general hospital at St. Thomas Mount. The assessing authority has, no doubt

Merely applicability of sec 50C will not prove escapement of Income

January 2, 2014 3842 Views 0 comment Print

Section 50C is not final determination to prove that it is a case of escapement of income. The report of approved valuer may give estimated figure on the basis of facts of each case. Therefore, on mere applicability of section 50C would not disclose any escapement of income in the facts and circumstances of the case.

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