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Set off of unabsorbed depreciation allowed irrespective of continuity of business in next year

May 12, 2020 8133 Views 0 comment Print

The issue under consideration is whether set off of the ‘unabsorbed depreciation’ can be allowed irrespective of continuity of the business in next year?

Deduction u/s 80G cannot denied merely because such payment forms part of CSR

May 12, 2020 5325 Views 0 comment Print

The issue under consideration is that whether the expenditure incurred for CSR will also be qualified for deduction under section 80G?

No Section 147 Assessment in absence of reasons for escapement of income

May 12, 2020 1632 Views 0 comment Print

Existence of reasons for escapement of income are sine qua non to embark upon the assessment or reassessment u/s 147 of the Act. Change or no change of opinion, as argued by the ld. DR, are the factors to be considered after fulfilling the jurisdictional condition of there being an escapement of income, in the absence of which no assessment or reassessment can be made u/s 147.

TDS u/s 194J not applicable on modeling services rendered by Katrina Kaif

May 12, 2020 10608 Views 0 comment Print

The issue under consideration is whether the services, the modeling, rendered by Ms. Katrina Kaif in this case constitutes professional service and the fee paid to her for modeling with the purpose of marketing of the camera products of the assessee liable for TDS u/s 194J?

Section 80IB deduction allowable only on Income having direct nexus with developing a housing project

May 12, 2020 2865 Views 0 comment Print

The issue under consideration is that whether the disallowance made by the Assessing Officer on account of assessee’s claim for deduction under section 80IB(10) of the Income Tax Act, 1961 in respect of interest received amounting to Rs.11,10,810/- and other income amounting to Rs. 6,36,746/- is correct or not?

Satisfaction note should be recorded separately for assessee searched u/s 132

May 11, 2020 2274 Views 0 comment Print

The assessee challenged the jurisdiction as the Assessing Officer has not given any separate satisfaction for the assessee and only a mechanical satisfaction was recorded.

Registration u/s 12AA cannot be refused for non-starting of charitable activities

May 11, 2020 2277 Views 0 comment Print

In the given case the appeal is filed by the assessee society because their application for registration under section 12AA is rejected by the CIT with the reason that the society is a commercial entity engaged in providing medical services on commercial lines and levying huge fee for the same, without any act of charity.

Word ‘assessable’ inserted in section 50C w.e.f. 01/10/2009

May 11, 2020 1707 Views 0 comment Print

Word assessable has been inserted in section 50C w.e.f. 01/10/2009. Thus, prior to 01/10/2009, the section 50C was applicable over the sale of properties, which were sold by of the registered deed where the stamp value was assessed by the registration authorities and the section 50C was not applicable,

Exemption u/s 54 allowed if purchase amount paid by assessee irrespective of name on agreement of Son

May 8, 2020 2922 Views 0 comment Print

Smt. Subbalakshmi Kurada Vs ACIT (ITAT Bangalore) The issue under consideration is that if the assessee reinvested capital gains in purchase of new residential house in the name of assessee and his son together then whether assessee in entitle to the full amount of exemption u/s 54? As per Section 54, it mandates that the […]

CPC Processing/Additions cannot go beyond Inst. No.10/2017

May 7, 2020 4128 Views 0 comment Print

CBDT’s instruction No.10/2017 dated 15.11.2017 has clearly laid down that only when receipts are completely omitted to be declared in the return of income can there be an addition for invoking 143(1)(a)(vi) of the Act.

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