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Audit fees provisions as per NABARD norms is allowable

June 16, 2018 3039 Views 0 comment Print

DCIT Vs Jhajjar Central Coop Bank Ltd. (ITAT Delhi) Ld. Authorised Representative submitted that the provision pertained to audit fee payable to the statutory auditor for the ensuing year. It was further submitted that the statutory audit has to be carried out by a CA Firm recommended by NABARD and the audit fee is also […]

Remuneration paid to Management Graduates related to business is allowable

June 16, 2018 1680 Views 0 comment Print

These are the appeals filed by assessee against the order of CIT(A)-12, Mumbai dated 30/05/2014 for A.Y. 2008-09 and A.Y. 2009-10 in the matter of order passed under Section 143(3) of the Income Tax Act (hereinafter the Act). In the A.Y. 2010-11, Revenue is in appeal before us with respect to disallowance of similar expenses.

Amount received for grant of user rights in a copyright software is royalty income

June 16, 2018 4458 Views 0 comment Print

Elektrobit Automotive GmbH AM Vs Deputy DIT (ITAT Delhi) It was held that license agreement as entered by the assessee itself points out the word royalty. Moreover, considering the facts of case, that license terms obliges the licensee to furnish to assessee monthly statement of supplied products to customers using his software and consequent raising […]

Provisions not backed by any actual expenditure cannot be allowed as deduction

June 16, 2018 993 Views 0 comment Print

DCIT Vs Dia Vikas Capital Pvt. Ltd. (ITAT Delhi) On going through the above details from the assessee’s ledger account, it is seen that sum of Rs. 80,00,000/- is a provision made on 31.12.2008 against the consultancy fees. Similarly there is another item of Rs. 84,50,000/- which is again a provision for consultancy fee. This […]

Indian subsidiary does not constitutes a PE in India: ITAT Delhi

June 16, 2018 3084 Views 0 comment Print

Whether the Indian subsidiary of the assessee constitutes Permanent Establishment (PE) of the assessee in India on account of ‘signing, networking, planning and negotiation of offshore supply contracts in India’? If yes, whether any profit is attributable to the same, and the quantum thereof?

Interest Free Loan from Employer taxable as Salary: ITAT

June 16, 2018 4422 Views 4 comments Print

In a recent decision made by ITAT, Mumbai in case of Neha Saraf vs. ACIT it has been decided that where an employee receives Interest Free loan from the employer it shall be taxable in the hands of the employee as salary as per the provisions of the section.

Mere allotment letter from builder not sufficient to claim benefit of section 50

June 15, 2018 1548 Views 0 comment Print

Challenging the order dated 03/06/2014 of the CIT(A)-17,Mumbai,the Assessee has filed present appeal.Assessee-company,engaged in the business of manufacturing of textiles,filed its return of income on 30/09/2011 declaring total income at NIL.The Assessing Officer (AO) completed assessment u/s.143(3) of the Act,on 03/01/2014,determining total income at Rs.71. 52 lakhs.

S. 37 Retrenchment Compensation paid for business purpose is allowable

June 15, 2018 9213 Views 0 comment Print

ACIT Vs M/s. Lumax Automotive Systems Ltd. (ITAT Delhi) The assessee-company explained that it has closed down its Aurangabad unit due to heavy losses suffered by the assessee-company. The assessee-company in this year has declared loss of Rs.4.34 crores in the return of income and after making addition as well, the net taxable loss have […]

Addition merely based on Statements recorded by CBI is Invalid

June 15, 2018 2202 Views 0 comment Print

Shri Ratan Babulal Lath Vs DCIT (ITAT Bangalore) Entire addition is on the basis of the statements of the assessee and Shri. Navneet Kumar Singhania recorded by the CBI. Before the AO, assessee has specifically denied such statements recorded by the CBI and has sought cross-examination of Shri. Navneet Kumar Singhania which were not afforded […]

Deduction U/s. 80-IA(4) cannot be denied merely because assessee was paid by Government for development work

June 15, 2018 8469 Views 0 comment Print

Adhunik Infrastructure (P)Ltd. Vs JCIT (ITAT Kolkata) ITAT held that even if an assessee is merely developing the infrastructural facility (without operating and maintaining the same), it is entitled to deduction u/s 80-1A. Further, condition (b) laid out in sub-section (4) of section 80-IA mandates the existence of an agreement with the Government. Moreover, if […]

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