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Search on holding company and assessee name not mentioned in warrant so Assessment U/s. 153A is void ab initio

December 19, 2017 2322 Views 0 comment Print

From the perusal of the provisions of section 153A of the Act that notice under section 153A can only be issued where a search is initiated under section 132 of the Act or books of account or other documents other documents are requisitioned under section 132A after the 31-5-2003.

No Penalty for Disallowance of Debatable and Bonafide claim

December 19, 2017 1443 Views 0 comment Print

DCIT Vs. Sh.Vipan Guppta Prop. (ITAT Chandigarh) We find no infirmity in the order of the Ld.CIT(Appeals) in deleting the penalty levied following the decision of the Coordinate Bench in the case of M/s Hycron Electronics Vs. ITO in ITA No. 326/Chd/2015 relating to assessment year 2009-10. On perusal of the said order we find that […]

Deduction U/s. 10B can be claimed on export of customized electronic data or legal database

December 19, 2017 1011 Views 0 comment Print

Expression Computer Software is wide enough to embrace diverse activities and to eliminate any doubt the reference can be made to Customized Electronic Data as mentioned in Second Explanation to Section 10B (2) of the Act. Further, CBDT issued notification and the notification relied on in the present case uses the expressions (iii) content development or animation (iv) data processing …. (vii) human resources services” and (ix) legal data-bases

Denial of NBFC registration does not decide issue of carrying on business

December 19, 2017 981 Views 0 comment Print

Mere rejection of the application for securing NBFC status would not render the assessee business less and the income derived by the assessee would not lose business character.

In absence of liability to pay advance tax, Interest U/s. 234B not applicable

December 19, 2017 2010 Views 0 comment Print

While dismissing the appeal filed by the revenue, the Delhi bench of Income Tax Appellate Tribunal (ITAT) has held that interest under section 234B is not leviable in respect of payments to the non-resident assessee being subject to tax deduction at source under Section 195 of the Income Tax Act 1961.

Discount on sales cannot be regarded as Commission liable to TDS U/s. 194H

December 18, 2017 7989 Views 0 comment Print

Out of these four appeals two appeals are filed by the assessee while the other two appeals are filed by the Revenue for against the orders of the Commissioner (Appeals)–4, Mumbai dated 13-2-2017 and 6-2-2017 for assessment years 2011-12 and 2012-13 respectively.

Payment for annual maintenance contracts could not be classified as fee for technical services

December 18, 2017 15765 Views 0 comment Print

It was held that the payment made for annual maintenance contracts would not fall under the category of fee for technical services within the meaning of provisions of section 194J of the Act.

Receipt of alimony from ex-husband is nothing but Gift and is exempt

December 17, 2017 7722 Views 0 comment Print

In our view, no law prevents such a lump sum payment by a husband to his wife in lieu of her maintenance for the whole life. In the proviso to section 56(2)(vi) any sum received from a relative is exempt from tax. In the definition of relative, the receipt from whom is exempt under the Act, inter alia not only the spouse but the brother and sister of the spouse have also been included.

Accommodation entries: AO cannot make addition without showing that explanation of Assessee is not satisfactory or incorrect

December 17, 2017 6543 Views 0 comment Print

ITO Vs. Shreedham Construction Pvt Ltd (ITAT Mumbai) Section 68 casts the initial burden of proof on the assesse to show prima facie and to explain the nature and source of credit found in its When the statute places the burden of proof in income tax cases on the tax payer, it is understood to […]

Non-issue of notice u/s. 143(2) after filing of return makes assessment u/s. 143(3) /147 bad in law

December 17, 2017 4035 Views 0 comment Print

Non-issue of notice u/s. 143(2) after filing of the return of the Assessee, by way of letter, makes the assessment order passed u/s. 143(3) r.w.s. 147 bad in law.

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