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Gift received from a HUF by a member of HUF is exempt from tax

May 20, 2017 67776 Views 2 comments Print

Relative explained in Explanation to section 56(2)(vi) of the Act includes relatives and as the assessee received gift from his HUF, which is a group of relatives, the gift received by the assessee from the HUF should be interpreted to mean that the gift was received from the relatives therefore the same is not taxable under section 56(2)(vi) of the Act, we hold accordingly.

Exemption to trust cannot be denied merely for charging fee for Training, Seminars etc

May 19, 2017 2958 Views 0 comment Print

Mere charging of fee from members or non-members for rendering services like training, conducting seminars would not ipso facto lead to denial of exemption. The dominant object of the assessee remains charitable and the aforesaid activities are only incidental to the main activity of the assessee. Also, the activities of the assessee are benefiting the […]

Wrong Mention of Section would not make Re-Assessment Invalid

May 19, 2017 6612 Views 0 comment Print

Under the provisions of section 292B, certain acts are not to be treated as invalid by reason of mistake or defect or omission either in the return of income, assessment, notice, summons or other proceedings. In other words, notice cannot be invalidated by reason of any mistake such as one occurred in the present case i.e. mentioning section 153A instead of 153C.

Notice not become invalid for Mere mention of wrong section i.e. 153A instead of 153C

May 19, 2017 2670 Views 0 comment Print

The only mistake on the part of AO was in mentioning section 153A, instead of section 153C. If this mistake was not allowed to be cured, the very purpose and object of enacting section 292B would be defeated as impugned notice in substance and effect, was in conformity with or according to the intent and purpose of the Act.

Confirmation letter by creditor establishes only identity & not creditworthiness & genuineness

May 19, 2017 7056 Views 0 comment Print

A. Godwin Maria Visuvasam Vs. ITO (ITAT Chennai) Merely furnishing of confirmation letter by a creditor, as it again well settled, does not would at best only establish identity of the creditors. There was nothing on record establishing creditworthiness of the creditors and/or genuineness of impugned loans and advances in the instant case. Therefore, AO […]

Broken period interest is allowable as deduction

May 17, 2017 10011 Views 1 comment Print

Hon’ble High Court of Rajasthan In CIT Vs. Bank Rajasthan Ltd (supra) and had held that broken period interest is allowable as deduction. Following the same parity of reasoning, we hold that the assessee is entitled to the claim of broken period interest of Rs.16,97,027/-. The ground of appeal No.1 raised by the assessee is thus, allowed.

Expenses not allowable on Failure to prove that it was incurred for business purpose

May 17, 2017 2754 Views 0 comment Print

These are appeals filed by the assessee-firm directed against the common order of the Commissioner (Appeals), Gulbarga, dated 29-1-2016 for the assessment years 2011-12 and 2012-13. Since common issue is involved in both the appeals, we proceed to dispose of the same by this common order.

Expenses Reimbursement on cost to cost basis cannot be included in Fee for Technical services

May 15, 2017 5145 Views 0 comment Print

Amount received by the assessee on account of reimbursement which has been received over and above the amount of FTS cannot be included and taxed as part of FTS.

Irrecoverable Bad debt in the course of business allowable as trading loss

May 14, 2017 3084 Views 0 comment Print

It has been held that ‘even though the expenditure is not admissible for the computation of the total income either as a bad debt or as an expenditure wholly incurred for the purpose of business, still, it can be allowed as an expenditure as a trading loss if it arises directly from carrying on the business and is incidental to the business.

TP: When Resale Price Method can be used with respect to related parties

May 13, 2017 3240 Views 0 comment Print

Transfer Pricing Officer has selected RPM as most appropriate method for determining the arm’s length price of the transaction of sale of programmes and film rights to ATL in contrast to the TNM method selected by the assessee. The first controversy is as to whether the Transfer Pricing Officer was justified in selecting the RPM as most appropriate method.

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