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Non deduction of TDS on Medical Reimbursement

October 17, 2013 35042 Views 7 comments Print

conditions for grant of exemption up to Rs.15,000 per employee towards medical reimbursement paid by the Assessee satisfies conditions contemplated by the proviso (v) to Sec.1 7(2) of the Act, can the AO deny the relief under the proviso (v) to Sec.17(2) of the Act?

Disallowance cannot be made u/s 14A , if borrowed funds not been used for making investments

October 15, 2013 2220 Views 0 comment Print

During the year only an amount of 4 lakh was invested out of the total investment of 3.39 crores. In the earlier years the assessment of the assessee were completed u/s 143(3) and the AO did not make any disallowance u/s 14A. The term loan taken by the assessee was for specific purposes and it cannot be alleged without proof that the term loan granted by the bank for specific purposes,

ITAT recommends action against CA for professional misconduct to ICAI

October 15, 2013 4223 Views 0 comment Print

The Chartered Accountant has not only the duty to defend the case of litigant to the best of his ability, but equally has duty to maintain dignity and decorum of the courts. He has to assist the Bench as per law in arriving at the just decision in the matter.

Amount paid to other charitable trust constitute valid application of income

October 14, 2013 9503 Views 0 comment Print

Whether the advances made by one trust to another trust registred u/s 12A of the Act and used by that trust for charitable purpose would qualify for exemption u/s 11 of the Act by the first trust irrespective of accounting treatment followed?

Expenses incurred to defend directors arrested under NDPS Act not allowable

October 14, 2013 424 Views 0 comment Print

It is noticed that this expenditure was incurred as a professional fees to defend two directors of the assessee company who were arrested under NDPS Act on being found guilty of the offences under the relevant sections of the said Act.

Selling some product at a profit ipso facto hit proviso to section 2(15)

October 14, 2013 499 Views 0 comment Print

The objective of the proviso to section 2(15) is to deny exemption to such assessee who are engaged in business activities in the garb of charitable purpose. Mere selling some product at a profit will not ipso facto hit the assessee by applying the proviso to section 2(15) and deny the exemption available u/s 11.

TDS not deductible on sum paid to banks for utilization of credit card facilities

October 9, 2013 3522 Views 0 comment Print

The commission retained by the credit card company is therefore in the nature of normal bank charges and not in the nature of commission/brokerage for acting on behalf of the merchant establishment.

Disallowance U/s 14A/ Rule 8D on shares held as stock-in-trade

October 8, 2013 1755 Views 0 comment Print

Assessee-company is a dealer and trader in shares and securities. Its various business segments are: Futures & Options (F&O) in shares and securities, shares transactions in the cash and derivative markets, speculation business therein (the above classifications may bear some overlapping).

Deduction U/s. 54F allowable even if construction is not complete if Assessee invests the amount within stipulated time

October 8, 2013 3276 Views 0 comment Print

Condition precedent for claiming benefit u/s 54F is the capital gain realized from the sale of capital asset should have been parted by the assessee and invested either in purchasing a residential house or in constructing a residential house.

HRA exemption allowable on Rent Paid to wife

October 4, 2013 28112 Views 0 comment Print

Requirement of the section 10(13A) is that any allowance (by whatever name called) granted to an assessee by his employer to meet expenditure actually incurred on payment of rent in respect of residential accommodation occupied by the assessee, to such extent as may be prescribed.

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