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TDS deductible on Remittance to Google Ireland by Google India

October 23, 2017 3303 Views 0 comment Print

A division bench of the Bengaluru ITAT, on Tuesday held that the distribution fee paid by Google India to Google Ireland for use of its Ad words programme is taxable in India as royalty under the provisions of the Income Tax Act, 1961.

DDT cannot be charged to tax in a different year merely for Mistake of Assessee

October 22, 2017 6258 Views 0 comment Print

M/s Drawmet Wires Pvt. Ltd. Vs. ACIT (ITAT Jaipur) It is settled proposition of law that DDT is chargeable only in the year when it is declared, distributed or paid and not prior to that. In the case on hand the assessee has produced all relevant record to show that the dividend was proposed by […]

100% addition on bogus purchases cannot be done without doubting sales

October 22, 2017 3477 Views 0 comment Print

Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. In such situation, in our considered opinion, on the facts and circumstances of the case, 12.5% disallowance out of the bogus purchases meets the end of justice. Accordingly, I hold that the disallowance should be restricted to 12.5% of the bogus purchases.

Embezzlement Loss due to Fund Siphoning by Employees is Business Loss

October 21, 2017 6759 Views 0 comment Print

This appeal is filed by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals) -17, Mumbai dated 29.01.2015 for the Assessment Year 2010-11.

Interest u/s 234A/ 234B cannot be levied in absence of any mention in Assessment Order

October 20, 2017 5598 Views 2 comments Print

In the absence of any specific mention of the Assessing Officer in the assessment order for charging of interest u/s 234A and 234B, no interest would be recovered from the assessee merely by way of a demand notice.

S. 271B No penalty Failure to get accounts audited for Bona fide belief that assessee not liable to get audited

October 20, 2017 11163 Views 0 comment Print

The issue is with respect to levy of penalty under section 271B of the Act. It is an undisputed fact that assessee is engaged in the business of Advertising Agency and during the year under consideration the commission earned from the Advertising Agency was not in excess of the limits prescribed under section 44AB for the purpose of getting the books audited.

Interest on advances received under Sub-Lease Agreement with defective Title

October 19, 2017 1269 Views 0 comment Print

The Bengaluru ITAT, on Wednesday, confirmed the dis allowance of interest expenses claimed on advances received under sub-Lease agreement since there was a defect in the title of the assessee on the subject property.

TDS U/s. 194C is not applicable to transactions of purchase of goods

October 18, 2017 34392 Views 0 comment Print

TDS requirement under section 194C is not applicable to transactions of purchase of goods, therefore, no disallowance under section 40(a)(ia) could be made.

Additional Income cannot be treated as undisclosed merely for admission during search

October 18, 2017 2022 Views 0 comment Print

Merely for the reason that the assessee had admitted additional income in the course of search for taxation, it cannot be said that such admitted income was undisclosed income within the meaning of ‘undisclosed income’ provided in Explanation to section 271AAA of the Act to impose the penalty.

Benefit of concessional tax rate on depreciable Assets cannot be denied if held for more than 3 Years

October 18, 2017 2382 Views 0 comment Print

This is an appeal filed by the revenue against the order of learned Commissioner (A)-9, Kolkata dated 24-11-2015 for assessment year 2006-07.

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