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Depreciation @ 60% allowable on Set Top Boxes acquired on Finance Lease

May 6, 2020 4062 Views 0 comment Print

Fastway Transmission (P) Ltd. Vs ACIT (ITAT Chandigarh) Conclusion: Set top boxes was the property of CISCO which was taken by assessee on lease from CISCO against payment of lease charges thus assessee was not entitled to claim the principal component of alleged lease rent paid as ‘revenue expenditure’ u/s 37(1) however, entitled to claim […]

No Tax on amount received by Partner on reduction in Profit Sharing Ratio

May 5, 2020 9123 Views 0 comment Print

ITAT Mumbai rules compensation for reduced partnership share is not capital gains. Anik Industries Ltd. vs. DCIT case. Assessment Years 2010-11 & 2012-13.

While computing income U/s. 115J AO cannot tinker book profit

May 5, 2020 1353 Views 0 comment Print

Assessing Officer tinkered the book profit by adding the additional revenue on account of subsequent realization of export, while computing the book profit u/s 115JB of the Act. The assessee has revised the return of income by including the additional revenue in its total income.

Section 292BB not save cases having complete absence of notice

May 5, 2020 1476 Views 0 comment Print

ITO Vs P.N. Krishnamurthy (ITAT Bangalore) According to Section 292BB of the Act, if the assessee had participated in the proceedings, by way of legal fiction, notice would be deemed to be valid even if there be infractions as detailed in said Section. The scope of the provision is to make service of notice having […]

Sec 194J TDS deductible on Toll Free Telephone charges (Royalty)

May 5, 2020 26538 Views 0 comment Print

Payments made by assessee towards toll-free telephone charges is royalty, in terms of section 9(1)(vi) of the Act, and is liable to deduct TDS under section 194J of the Act. We therefore are in agreement with the view taken by Ld.CIT (A).

Section 80IB(10) deduction not eligible on Income not having Business Connection

May 4, 2020 1017 Views 0 comment Print

Satern Griha Nirman Pvt. Limited Vs ITO (ITAT Kolkata) Facts of the Case: The assessee in the present case is a Company, which is engaged in the business of Builders and Property Developers. The return of income for the year under consideration was filed by it on 17.09.2011 declaring total income at ‘NIL’. During the […]

No addition for investment in hundis which were made out from business receipts

May 3, 2020 1593 Views 0 comment Print

When it was presumed that investment in hundi was bogus in such a situation there was no money available for the investment made by the assessee as such amount surrendered was not available, therefore, this proved that donation was made out of business receipts, which was an allowable expenditure.

AO cannot reject Section 14A disallowance made by assessee without recording his satisfaction

May 3, 2020 2067 Views 0 comment Print

AO cannot reject suo-moto disallowance made by assessee under Section 14A of the Income Tax Act, 1961 without recording his satisfaction as required under Section 14A(2) of the Income Tax Act, 1961.

Section 80IC deduction allowed for service charges based on direct nexus between service rendered & product

May 3, 2020 12243 Views 0 comment Print

The issue under consideration is that whether deduction u/s 80-IC will be allowed against service charges since services rendered were part of business and also involved manufacturing activity?

Non-Competent Fee is Capital Expenditure, Depreciation not allowable

May 1, 2020 1656 Views 0 comment Print

Hence, the order of Assessing Officer was upheld to the extent that the payment of non-compete fee was a capital expenditure and the assessee was not entitled to claim depreciation u/s 32 of the Act on the said capital expenditure.

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