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No addition separately for bank deposits when Income been assessed on estimated basis

June 8, 2018 1671 Views 0 comment Print

Sri Manne Baswa Reddy Vs ITO (ITAT Hyderabad) The deposits in the bank account pertain to assessee. Assessee had substantial income during the year and that too he is doing retail business in IMFL. There is no allegation that these amounts also pertain to the business by the AO. Since the deposits are through-out the […]

TDS not deductible on Advance Received towards Professional Fee which is returned back

June 8, 2018 9966 Views 0 comment Print

Advance received by the assessee towards his professional fee, when it is returned, is not covered by any of the provisions of Chapter XVIIB requiring TDS.

No disallowance for purchase of old Gold from customer against sale of new ornaments

June 8, 2018 2022 Views 0 comment Print

DCIT  Vs Kalanikethan Silks Private Limited (ITAT Hyderabad) As regards, the purchase of old gold, the assessee had filed the copies of the vouchers which are properly bound and preserved and it is submitted that is the normal practice of the customers to bring old gold and buy new ornaments and in that process, the […]

No addition separately for Scrap Sales when Income been assessed on estimated basis

June 8, 2018 2499 Views 0 comment Print

Income from scrap sale should be treated as additional income over and above estimation of income, we notice that for sub-contract, normally estimated at 5%, but, in the given case, assessee has already offered 6%, which includes scrap sales. Generally, scraps are generated in the normal course of business and it should be treated as part of business income only.

Application U/s. 12AA cannot be rejected merely on account of extraordinary powers with managing trustee

June 8, 2018 1182 Views 0 comment Print

Registration application u/s 12AA cannot be rejected merely on account of extraordinary powers with the managing trustee to appoint or remove other trustees and also to nominate their successor.

Apportionment of expense on R&D and ESOP having no nexus with products manufactured in exempted units not justified

June 8, 2018 1875 Views 0 comment Print

Dr. Reddy’s Laboratories Limited Vs DCIT (ITAT Hyderabad) The case of the assessee, all through, was that R & D expenditure was incurred by the assessee in a separate unit known as ‘IPDO’, which is meant for carrying on R & D. It is also not in dispute that formulations / products arising out of […]

TP: Provision for bad & doubtful debt & bad debts written off are operating expenses

June 8, 2018 13134 Views 0 comment Print

Hyundai Motor India appeal: Including bad debts and provision for bad and doubtful debts as operating expenses is necessary for the purpose of computing profit and loss of comparable companies, the margins of comparable companies

ALP Adjustment of International Transaction Restricted to AEs

June 6, 2018 3366 Views 0 comment Print

Adjustment on account of arm’s length price (ALP) of international transaction is restricted only to the extent of international transaction with associated enterprises (AE).

Reopening by Reappraisal of Material Available on record During Original Assessment Proceedings is invalid

June 6, 2018 855 Views 0 comment Print

Re–Appreciation / Reappraisal Of The Material Available On Record During The Original Assessment Proceedings: Reopening Of Assessment By Forming Of Opinion That Income Has Escaped Assessment By AO, Not Allowable:

Exemption U/s. 54F cannot be denied for investment of amount in Mutual Funds before Purchase of property

June 6, 2018 1680 Views 0 comment Print

In terms of Section 54F the assessee is only entitled to proportionate exemption vis-a-vis, cost of the original asset and the cost of the new assets. In the light of the above, the AO is directed to recomputed the capital gains exemption.

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