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Section 80-IB(10) If Authority excluded open terrace from working of built-up area than revenue cannot review the same

April 28, 2017 2733 Views 0 comment Print

In a significant ruling, the ITAT Chennai held that the private open terrace attached with residential unit would form part of built- up area for the purpose of computing deduction under section 80-IB(10) of the Income Tax Act if the same was included in the house project approved by the local authority.

AO should allow credit of TDS deducted and deposited wrongly in assessee’s erstwhile name

April 28, 2017 4065 Views 0 comment Print

The learned Commissioner (Appeals)-3, Bengaluru has erred in not allowing credit in respect of TDS deducted and deposited by certain customers wrongly in the erstwhile name of the appellant (IT &T Technology Services Limited now known as IGATE Infrastructure Management Services Limited) of Rs. 61,84,211.

No specific format is provided U/s. 14A for recording satisfaction

April 28, 2017 1407 Views 0 comment Print

Since, no specific format is provided under the Act for recording satisfaction for making dis allowance under section 14A, AO was not required to give detailed reasons for invocation of rule 8D(2) in view of the fact that assessee failed to discharge its primary onus of proving nexus between interest-free funds and the investments yielding tax- free income.

Interest on Fixed Deposits received by society from Bank is Taxable

April 28, 2017 5907 Views 0 comment Print

In assessee’s case, the bank is not even a member of the society. The nature of the transaction between the assessee and the bank would disqualify application of the principle of mutuality. Therefore, the transactions with the bank who is not even a member of the society cannot be considered as a transaction for which […]

Income from leasing of factory premises after discontinuing business is taxable as Income from other sources

April 28, 2017 6279 Views 0 comment Print

When the business asset of the assessee is let out but after discontinuing the business activity of the textile mill then the rental income cannot be treated as income from house property however the same would be assessed as income from other sources.

Assessee entitled for Credit of TDS deducted in erstwhile name

April 28, 2017 3519 Views 0 comment Print

The credit of TDS deducted and deposited in the old name and old PAN No. and the credit of the same was not given to the assessee on account of mismatch, though entity is the same.

Right to receive a property is a valuable and transferable right

April 28, 2017 1926 Views 0 comment Print

ITAT has held that right to receive a property is a valuable and a transferable right and falls within the ambit of “capital asset” and hence profit earned on sale of allotment right (without physical possession of the property) is taxable as Capital Gains and not as Income from other sources.

Brand usage – not an international transaction

April 27, 2017 1467 Views 0 comment Print

Whether the usage of foreign Associated Enterprise (AE) brand name on the cars manufactured and sold by the tax payer amounted to rendering of brand promotion service, and whether it constituted an international transaction under section 92B of the Income-tax Act, 1961(Act).

ITAT on TP adjustment on account of Compensation for deemed brand development

April 27, 2017 1551 Views 0 comment Print

The first question that we need to decide is whether the benefit accruing to the HMC Korea, as a result of increased brand value due to sale of Hyundai cars in India by the assessee company, constitutes an international transaction.

Amount paid to village elders to help settle land disputes is allowable

April 26, 2017 1209 Views 0 comment Print

It is not uncommon that village elders intervene and settle the land disputes to safeguard the law and order and protect the peaceful atmosphere of the village.

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