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Deduction under section 54F on Multiple flats received under JDA

July 20, 2018 13764 Views 1 comment Print

As far as the deduction u/s. 54F of the Act on the question whether if under a JDA multiple flats are given to the owner whether deduction u/s.54F of the Act can be given, the decision of the Hon’ble High Court of Karnataka and the other decision cited before us supports the plea of the […]

Weighted deduction u/s 35(2AB) on expenditure outside the R & D unit

July 20, 2018 11319 Views 0 comment Print

DCIT  Vs  Aurobindo Pharma Limited (ITAT Hyderabad) We have considered the rival contentions and perused the case law placed on record. In the decision of Concept Pharmaceuticals Ltd (supra) the Coordinate Bench did not allow the expenditure spent outside the R & D unit but the Bench has not considered the explanation introduced with reference to ‘Clinical Trials’. […]

Contribution towards construction of Cricket Academy incurred by RCB allowable as deduction

July 20, 2018 1632 Views 0 comment Print

M/s. Royal Challenger Sports Pvt. Ltd. Vs DCIT Assessee challenges the addition on account of contribution made to Cricket Academy of Rs.45 lakhs holding it to be capital expenditure. The assessee made a contribution of Rs.45 lakhs to Karnataka State Cricket Association (KSCA) for the purpose of creating a cricket academy. The assessee was also a Franchisee of BCCI-IPL, which […]

License Fees paid to Consultant / Doctors abroad under Business Arrangement is Allowable as Deduction

July 20, 2018 930 Views 0 comment Print

DCIT Vs M/s. Teleradiology Solutions P. Ltd. (ITAT Bangalore) The learned Counsel for the assessee has contended that it is a business arrangement between the assessee and the consultants/doctors. If the assessee does not pay the licence fee on behalf of the doctors, he has to compensate the doctors by making additional payment for the services. […]

Deemed rental of SOP should be determined as per municipal ratable value

July 20, 2018 1077 Views 0 comment Print

The house which is not having any actual rental income but self occupied by assessee should be determined as per the municipal ratable value. Accordingly, the matter is restored to file of the Assessing Officer to find out the municipal ratable value of the house for computing income u/s 22 of the I.T. Act. We direct accordingly.

Receipt of share application money not taxable in case of non-resident

July 19, 2018 4362 Views 0 comment Print

Addition under section 68 on account of share application money received from non-resident was not justified as money brought into India by non-residents for investment or other purposes was not liable to Indian Income Tax.

Lease Rent for Car taken on finance lease allowed in income computation

July 19, 2018 6405 Views 0 comment Print

Recently in, Phillips India Ltd. vs. ACIT, ITAT Kolkata held that Deduction of lease rentals paid towards cars taken on finance lease allowed while computing income

No TDS U/s. 194H on discount on sale of prepaid starter kits/sim cards to distributors

July 19, 2018 1362 Views 0 comment Print

As the sale of starter kits/sim cards is purely a purchase/sale transaction on principal-to-principal basis and there is no relationship of agency, hence no obligation was cast upon the assessee to have deducted tax at source under Sec. 194H in respect of the discounts given to the distributors on the sale of the same.

Exemptions u/s 11(1)(d) cannot be denied for mere non claim in ITR

July 19, 2018 5565 Views 0 comment Print

ITO (Exemptions) Vs M/s. Syndicate Rural Development Trust (ITAT Bangalore) Appellant is a trust registered under section 12AA and filed its return of income on 29.09.2014 declaring a Nil income. During the year, appellant received Rs.50.00 lakh from National Institute of Rural Development, Government of India, as a part of grant of Rs.100 lakh for […]

Section 14A will not apply if no exempt income

July 17, 2018 2646 Views 0 comment Print

McDonald’s India case: Section 14A of the Income-tax Act, 1961 will not apply if no exempt income has been received or receivable during the previous year in question

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