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Salary accrued for work performed outside India is not taxable in India

October 17, 2022 6303 Views 0 comment Print

ITAT Chennai held that as per Sec.9(1)(ii) of the Income Tax Act, salary income could be deemed to accrue or arise in India only if it is earned in India in respect of services rendered in India. Hence, salary income as accrued to the assessee for work performed in UK would not be taxable in India.

Share application money should be excluded while computing disallowance u/s 14A of Income Tax Act

October 17, 2022 870 Views 0 comment Print

ITAT Bangalore held that Share Application Money should not be included in the value of investments. Accordingly, for the purpose of computing disallowance under section 14A of the Income Tax Act, the Share Application Money should be excluded.

Section 80P(2)(a)(i) deduction eligible to Co-operative Society on interest from members

October 17, 2022 2400 Views 0 comment Print

Section 80P(2)(a)(i) Deduction is allowable when interest is derived from credit provided to its members by co-operative credit societies

Section 54 exemption cannot be denied to HUF merely for purchase of property in the name of member

October 17, 2022 8163 Views 0 comment Print

ITO Vs Shri Ramesh Kumar (HUF) (ITAT Bangalore) It should be kept in mind that the Hindu Law does not recognize a joint Hindu family or coparcenery as a juristic personality capable of holding property and as an entity separate from the members of the family. The true position in law is that all the […]

Business deems to be commenced once activity essential to carrying on business is started

October 17, 2022 807 Views 0 comment Print

It was held that once business is set up, expenditure incurred relating to such business have to be treated as revenue expenditure and allowed as deduction. As soon as an activity which is essential to carrying on the business is started the business must be said to have commenced.

PCIT cannot grant conditional section 12A Registration

October 17, 2022 1185 Views 0 comment Print

Role of PCIT while according registration under section 12A is only to make himself satisfied about genuineness of activities to be carried out by assessee trust and compliance of such requirement of any other law for the time being in force by trust or institution material to achieve its object and then to accord registration.

No reassessment beyond four years merely on basis of change of opinion

October 16, 2022 2790 Views 0 comment Print

Reassessment was bad in law beyond four years when the tax payer had disclosed the facts at the time of original assessment proceedings and the AO did not draw any adverse inference regarding the same.

Deduction with respect to provisions made against trade debtors

October 16, 2022 1443 Views 0 comment Print

Vidras India Ceramics Pvt. Ltd. Vs D.C.I.T. (ITAT Ahmedabad) The controversy that needs to be addressed so as to whether the assessee is eligible for deduction with respect to the provisions made against the trade debtors in pursuance to the explanation 1 to clause (vii) of section 36(1) of the Act. As per the explanation […]

Section 69 addition by AO – ITAT upheld relief given by CIT(A)

October 16, 2022 1152 Views 0 comment Print

Dive into Anuradha Pandey’s case vs. ITO (ITAT Varanasi). ITAT’s scrutiny on investment source from closing stock and debtors. Analysis of the disputed addition and its resolution

Refusal of assessee to take notice is a good service of notice

October 15, 2022 1746 Views 0 comment Print

ITAT Delhi as regards contention of notice not properly serviced held that as per postal authorities explanation the assessee has refused to take notice and such refusal to take a notice is a good service.

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