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Loan given in the course of trade and written off is allowable as business loss

November 13, 2015 9900 Views 0 comment Print

I.T.O Vs. M/s. Shree Gouri Shankar Jute Mills Ltd (ITAT Kolkata)-It is not in dispute that the advance was made for purchase of Jute during the course of business of the assessee. Since the supplies could not materialize, the assessee to protect its money started charging interest

Proviso to section 12A(2) is to be construed as retrospective in operation

November 13, 2015 16036 Views 0 comment Print

since the only reason for denial of exemption u/s 11 was absence of registration u/s 12AA (which was granted to assessee society on 29.10.2010 with effect from 1.4.2010) for the relevant assessment years and on no other ground

Interest received by Contractor due to delay in payment is Business Income

November 13, 2015 2908 Views 0 comment Print

Interest received by the assessee on account of delay in the payment of money due to it cannot be taxed separately but only as an income from business. Mehta Construction Co. Vs ITO (ITAT Delhi), ITA No. 3967/Del/2010, Date of pronouncement: 16.10.2015

Book of Contractor cannot be rejected for Mere low Profit or Non Maintenance of Stock Register

November 13, 2015 1726 Views 0 comment Print

Mehta Construction Co. Vs ITO (ITAT Delhi) Assessing Officer was driven to reject the book results, mainly on the ground that the profit returned on the contract receipt is very low and no stock register was maintained.

Consideration for right to use copy right shrink-wrap software amounts to royalty

November 13, 2015 1017 Views 0 comment Print

M/s Tejas Networks Ltd. Vs. DCIT (ITAT Bangalore) As per the provision of sec. 192 of the Income-tax Act 1961, the assessee was liable to deduct tax at source on the payment made to Cadence Designs Systems Ireland .

RBI NPA guidelines overrides Income Tax Act & binding on income tax authorities

November 13, 2015 5504 Views 0 comment Print

The facts emanating from the order of the AO and the submissions of the assessee is that the assessee is a Co-operative Bank and is engaged in banking business and the assessee was claiming deduction u/s 80P(2)(a)(i) up to AY 2006-07 @ 100%.

Section 36(1)(vii) and 36(1)(viia) are separate, distinct and independent from each other

November 13, 2015 48686 Views 1 comment Print

The Kangra Co-operative Bank Vs. JCIT (ITAT Delhi) The Assessing Officer disallowed the bad debts written off of Rs. 20,24,842/- on the ground that the amount of deduction claimed and allowed under the provisions of Section 36(1)(viia) of the Act for bad and doubtful debts of Rs. 3 8,00,870/- is more

Section 14A disallowance can be made even if Interest Received is more than Interest Paid

November 13, 2015 1971 Views 0 comment Print

Since the Rule-8D of I.T.Rules, 1962 is not applicable, therefore in our considered view the AO was not justified in applying the Rule 8D for making disallowance. The ld.CIT(A) has given a finding that the assessee was having substantial funds and lesser borrowed funds.

Reopening based on facts disclosed in Profit & Loss account during Original Assessment not permissible

November 12, 2015 949 Views 0 comment Print

DCIT vs. M/s. State Farms Corporation of India Ltd. (ITAT Delhi) Reasons had been taken from the facts disclosed in the assessee’s balance sheet as well as reflected in the Profit & Loss account which were also before the AO at the time of original assessment

After expiry of 4 Years no notice u/s. 148 can be issued without approval of CCIT or CIT

November 12, 2015 1592 Views 0 comment Print

According to Section 151(1) proviso if the Assessing Authority who is below the rank of Assistant Commissioner or the Deputy Commissioner want to re­open the ‘case after the expiry of 4 years unless the Commissioner is satisfied that it is a fit case for issue of that notice. In the present case

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