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ITAT explains law related to TDS on commission paid to non-resident agents

July 13, 2018 10836 Views 0 comment Print

This appeal by the Revenue is directed against the Order of the Ld. Commissioner of Income Tax (Appeals)-XII, New Delhi dated 28.5.2014 pertaining to assessment year 2011-12 on the following grounds

Transfer of an undertaking in consideration of allotment of shares is exchange not sale

July 12, 2018 8952 Views 0 comment Print

Challenging the order,dated 16/02/2015,of CIT(A)-51,Mumbai, the assessee has filed the present appeal.Assessee-company,engaged in the business of manufacturing of aluminium caps, metal containers,petrochemicals etc., filed its return of income on 15/11/2007,declaring total income at Rs.NIL

S.54 Assessee to offer exemption claimed to tax on return of money given to builder

July 12, 2018 1290 Views 0 comment Print

Suhas Vasantrao Joshi Vs DCIT (ITAT Ahmedabad) If an assessee booked a flat under self-finance scheme of DDA or any other similar situated institutions, then it would be construed that the assessee has fulfilled conditions enumerated in section 54 and would be entitled for the exemption. In the present case also the assessee has booked […]

No tax on Foreign allowances received for service rendered outside India through TCC

July 11, 2018 6009 Views 0 comment Print

Where assessee, a non-resident, had received foreign allowances outside India for the services rendered in Netherlands, the foreign allowances received by assessee were not liable to tax under section 5(2).

Assessment framed by AO on a non-existent company is a nullity

July 11, 2018 1656 Views 0 comment Print

Assessment framed by AO on a non-existent company is a nullity in the eyes of law and void and the provisions of section 292 B cannot rescue the Income Tax Department: Sony India case

25% Depreciation allowable on License to run container trains on Indian Rail Network

July 11, 2018 2874 Views 0 comment Print

The present appeals have been filed by assessee against the order dated 21.07.2014 of the Ld. Commissioner of Income Tax (Appeals)-VI, New Delhi pertaining to the Assessment Years (A.Y.) 2007-08 and 2008-09 on the  following common grounds.

Penalty levied by IRDA for non-compliance of Regulation is allowable

July 10, 2018 2067 Views 0 comment Print

This appeal filed by the assessee is directed against the order of Ld. CIT (Appeals) – 18, Kolkata dated 15.04.2016 and the solitary issue involved therein relates to the disallowance of Rs. 5,00,000/- made by the A.O. and confirmed by the Ld. CIT(A) on account of penalty charges paid to Insurance Regularly and Development Authority (IRDA).

Bogus LTCG addition based on statement of others not sustainable if Assessee not been provided copy of such statement with Opportunity to cross-examination

July 10, 2018 1131 Views 0 comment Print

Ld. CIT(A) erred in treating the income offered by the assessee under the head income from capital gains as against under the head income from other sources as assessed by the Assessing Officer treating the same as income from undisclosed sources.

Sec 80P Deduction available to Co-Bank for Interest on Investments with Sub-Treasuries during its Business

July 10, 2018 2859 Views 0 comment Print

ITO Vs M/s. Perinthalmanna Service Co-operative Bank Limited (ITAT Cochin) The Assessing Officer in the impugned orders had disallowed the claim stating that the assessee could not be treated as a primary agricultural credit society as it is engaged in the business of banking and in view of insertion of section 80P(4) with effect from […]

Exemption U/s. 11 not available if Trust Gifts its property to Unregistered Trust

July 9, 2018 3027 Views 0 comment Print

DDIT Vs M/s. Paramasiva Naidu Muthuvel Raj Education Trust (ITAT Chennai) It is also an undisputed fact that during relevant assessment year, the land had been made available to M/s. PMR Bangaru Subbammal Educational Trust, which is a Trust that does not have registration u/s.12AA of the Act. It is also an undisputed fact that […]

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