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Proper Notice U/s. 148 is must for initiating reassessment proceeding

June 29, 2018 5439 Views 0 comment Print

Sh. Shridhar Bedi through Legal Heir Vs ITO (ITAT Amritsar) Proper notice u/s 148 of the Act for initiating reassessment proceeding is not a mere procedural requirement but the service of the prescribed notice on the assessee is a condition precedent to the validity of any of the reassessment made u/s 147. It is settled […]

Interest u/s 234A not leviable on extended period of Return FIling

June 29, 2018 2049 Views 0 comment Print

M/s. Nidhi Packers Pvt. Ltd. Vs ITO (ITAT Kolkata) Learned counsel for the assessee has contended that the due date of filing of return of income for the year under consideration was extended by the CBDT by a period of 15 days and since the return originally filed by the assessee was within such extended […]

TDS U/s. 194J not deductible on Payment for outright purchase of copyright and technical know-how

June 29, 2018 16398 Views 0 comment Print

Payment towards outright purchase of copyright and technical know-how over the software could not be treated as royalty paid for acquisition of right to use copyrights and technical know-how, therefore, said payment could not be subjected to TDS under section 194J.

Amount forfeited due to breach of lease contract is allowable Business expenditure

June 29, 2018 7029 Views 0 comment Print

Security deposit for taking office space on lease and subsequently terminating the agreement due to business consideration was a business decision and loss on account of forfeiture of security deposit had occurred in the course of business and was, therefore, allowable.

Notice/ order on dead person/ wound-up company is a nullity if department is made aware of the same

June 29, 2018 5391 Views 0 comment Print

This appeal by the assessee is directed against order dated 30/01/2017 passed by the Deputy Commissioner of Income-tax Circle 2(2)(2) (International Tax), New Delhi (in short the Assessing Officer) in pursuant to order of the Ld. Dispute Resolution Panel (DRP) for assessment year 2012-13. The grounds of appeal raised by the assessee are reproduced as under

TDS not deductible on service tax component on rent

June 28, 2018 1239 Views 0 comment Print

Transocean Offshore Deepwater Drilling Inc. Vs Addl. CIT (ITAT Delhi) CBDT itself in two of its circulars. In Circular No. 4/2008 dated 28th April 2008 it was clarified that Service tax paid by the tenant doesn’t partake the nature of income of the landlord. The landlord only acts as a collecting agency for Government for […]

If assessee have sufficient own funds, Interest on borrowed capital cannot be disallowed for Interest free loans to various parties

June 28, 2018 5049 Views 0 comment Print

Moreover, a perusal of the balance sheet of the assessee firm as at 31.03.2012 filed along with the return of income makes it abundantly clear that sufficient own funds in the form of partners capital were available with the assessee firm at the relevant time to give the loans in question free of any interest.

Provision for warranty expenses for ascertained liabilities calculated on technical estimates deductible

June 28, 2018 12684 Views 0 comment Print

Huawei Telecommunication (India) Company Pvt Ltd, Vs ACIT (ITAT Delhi) In the trading and installation services of the telecom equipment, The assessee provides warranty to the buyers. As part of the contract with the customers, it is required to provide warranty services by way of repair and replacement for a predefined period. The obligation of […]

Appeal cannot be dismissed merely because it was filed in Paper form

June 28, 2018 2958 Views 0 comment Print

Ld. AR has challenged the order of Ld. CIT(A) in not allowing hearing of appeal filed by the assessee merely on the basis of alleged default of not having filed electronically.

Exemption claimed cannot be denied for mere wrong Punching in ITR due to Oversight

June 28, 2018 3768 Views 0 comment Print

The appeal by the assessee is directed against the order dated 09.03.2017 of the learned CIT(A)-40, Delhi. Following grounds have been raised in this appeal

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