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ITAT allows 60% Depreciation on Computer & Related Software

July 9, 2020 7251 Views 0 comment Print

The issue under consideration is whether the depreciation at the rate of 60% will be allowed for computer related software?

Debt free Company- No Adjustment for interest free loan to Associated Enterprise

July 9, 2020 1770 Views 0 comment Print

Value Labs Vs ACIT (ITAT Hyderabad) The issue which arises in the present appeal is against the adjustment made in the hands of the assessee on account of interest due on outstanding Receivables by treating the same as international transaction. Much reliance is placed on the explanation inserted under section 92B of the Act with […]

ITAT Restored Case to AO Regarding TDS Applicability u/s 194A on Financial Charges Paid for Car Loan

July 9, 2020 1053 Views 0 comment Print

The issue under consideration is whether the disallowance u/s 40(a)(ia) is justified for non deduction of TDS u/s 194A on financial charges paid for car loan?

Lease income from agricultural land not used for agriculture is not agricultural income

July 8, 2020 17964 Views 0 comment Print

K. Vinuthna Reddy Vs ITO (ITAT Hyderabad) From the facts of the case it is apparent that both the assessees has proximity with the company to whom they have leased the land. Further, the apprehension of the Ld. AO appears to be quite reasonable because both the assessee has received the lease rent for the […]

LTCG on sale of land- No exemption on failure to establish that land is agricultural

July 8, 2020 1761 Views 0 comment Print

Assessee has not furnished before AO all necessary evidence so as to establish that land in question was agricultural land only as per provisions of sec. 2(14)(iii)(b) of I.T. Act.

AO cannot tax Capital gain of earlier year in subsequent Year

July 8, 2020 780 Views 0 comment Print

Where assessee had received entire consideration and possession of the property was also handed over in the assessment year 2004-05, he would be exigible towards capital gain tax only for the assessment year 2004-05 and not for the assessment year 2007-08 when proper sale deed was executed and registered. Just because capital gain accrued to assessee has escaped tax in assessment year 2004-05, the same cannot be brought to tax subsequently in assessment year 2007-08, therefore, AO was directed to delete the addition made.

Interest on Loan cannot be disallowed on mere assumptions

July 8, 2020 4272 Views 0 comment Print

The issue under consideration is whether the AO is correct in disallowing the net interest as debited to Profit & Loss A/ c of the proprietary concern?

Error by CA not changes Income from Capital Gain to Business Profit

July 8, 2020 1131 Views 0 comment Print

Error committed by the Chartered Accountant in his audit report will not alter the intention of the assessee for holding the equity shares purchased by it as investment which is evident from the statement of accounts/Balance Sheet of the assessee.

Mid Day Meal supply to poor students of schools is Charitable in Nature

July 8, 2020 4086 Views 0 comment Print

whether the Mid Day Meal supply to the poor students of the schools as per the programme of State Government is considered as commercial activity?

Payment of Foreign Agency Commission not liable for TDS in India

July 7, 2020 2391 Views 0 comment Print

The issue under consideration is whether the TDS will be applicable on payment of Foreign Agency Commission?

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