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TDS not deductible on Sim Card & recharge coupon discount

May 26, 2018 1923 Views 0 comment Print

ITO Vs Tarun Sales (ITAT Delhi) ITAT held that Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the BSNL, the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers. The entire sales […]

Interest free loan received prior to construction of Property cannot be added to annual value

May 26, 2018 1611 Views 0 comment Print

That on the facts and circumstances of the case and in law the Ld. CIT(A) erred in deleting the addition made by the Aa in treating the income of Rs. 12,00,000/- received towards service charges under the head ‘income from house property

Even part performance of contract in case of JDA attracts capital gain tax

May 26, 2018 2259 Views 0 comment Print

These are two appeals by two assessees against the orders of the Commissioner of Income Tax (Appeals)-5, Hyderabad, for the AY. 2009-10. Since common issues are involved in both of these appeals, these are heard together and decided by this common order

Search & Seizure: No Incriminating Evidence Found, No Addition Can Be Made

May 26, 2018 1836 Views 0 comment Print

Main arguments of the assessee that the addition and adjustment made to the total income are to be based only on incriminating material found during the course of search fails, then only the other issues in the appeal of the revenue as well as of the assessee will survive.

Interest on housing loan used for advancing loans can be claimed against Interest Income

May 25, 2018 1830 Views 0 comment Print

These are the appeals filed by the different assessees against the separate orders of the ld. CIT(A) Ajmer dated 05/10/2017 for the A.Y. 2013-14 in the matter of order u/s 143(3) of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’, for short

45% profit from educational activities establishes profit motive of trust and exemption U/s. 11 cannot be allowed

May 25, 2018 4824 Views 0 comment Print

Where assessee- trust was earning profit up to 45% from its educational activities, it was clearly proved that it was existed for profit because profit up to 15% could be said reasonable and legitimate, hence, addition was rightly made.

TDS U/s. 195 not deductible if Commission Income of Foreign Agent not Taxable in India

May 25, 2018 27663 Views 0 comment Print

DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad) ITAT held that the Commission income in the hands of foreign agent is not chargeable to tax in India in the given facts & circumstances and Once an income is not chargeable to tax in India then the question of deducting TDS under the provision of […]

AO cannot pass assessment order U/s. 143(3) against dissolved Company

May 25, 2018 10668 Views 0 comment Print

This appeal by assessee has been directed against the order of the Ld. CIT(A)-22, New Delhi, dated 17th April, 2017, for the A.Y. 2009-2010.

Provision of Section 2(22)(e) cannot be attracted to current account transactions

May 25, 2018 3297 Views 0 comment Print

M/s Mirik Commercial Pvt. Ltd. Vs Pr. CIT (ITAT Kolkata) The purpose of Section 2(22)(e) of the Act is to tax the benefit extended by private limited company to its shareholders holding shares not less than 10% as beneficial owner of shares (not being shares entitled to a fixed rate of dividend income). There is […]

No exemption for one SOP U/s. 23(2)(a) if property was not occupied by the owner

May 25, 2018 11688 Views 0 comment Print

This appeal by the assessee is directed against order dated 15/06/2012 of learned Commissioner of Income-tax (Appeals)-XXXI, New Delhi [in short ‘the CIT-(A)’] for assessment year 2007-08 raising following grounds

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