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Hire Purchase Installments received to be taken as income by allowing corresponding expenditure as deduction

August 10, 2015 961 Views 0 comment Print

In the cited case, ITAT directed AO inter-alia to include installments received on sale of various houses and flats under hire purchase agreement and at the same time allow corresponding expenditure which has been expended by the assesses in cash (including through cheque).

No TDS u/s 194C for payments of reimbursement of expenses

August 10, 2015 6253 Views 0 comment Print

In the cited case, ITAT inter-alia held that since the payments have been made as reimbursement of expenses to the agents of the appellant, therefore, appellant was not obliged to deduct TDS under section 194C of the Act and as such, no disallowance is warranted u/s 40(a)(ia) of the IT Act.

Deduction for PF and ESI contribution cannot be disallowed if paid before due date of filing return

August 10, 2015 6242 Views 0 comment Print

ITAT held that (i) International recruitment service operations conducted from STPI, Noida are held to be eligible for benefit of deduction u/s 10A. (ii) The deduction of payment of employees’ contribution towards provident fund and ESI cannot be disallowed under section 43B

Recovery of expenses beyond normal period was in the nature of deemed loan in the hands of AEs and require TP adjustment

August 9, 2015 1232 Views 0 comment Print

In the case of Tecnimont ICB House vs. DCIT, ITAT has held that Recovery of expenses beyond the normal period was in the nature of deemed loan in the hands of AEs and require transfer pricing adjustment.

Small fraction of day stayed in India cannot be counted as one complete day of stay in India

August 8, 2015 5480 Views 0 comment Print

The ITAT Lucknow in the case of Sharad Mishra vs. ITO held that the arrival of assessee in India at night cannot be treated as his stay for the complete day. Thus, the actual hours of the day stayed only could be counted as stay in India on that day.

Onus to prove that debts are irrecoverable gets satisfied, once bad debts w/off in books of accounts

August 7, 2015 1051 Views 0 comment Print

ITAT Ahmedabad held In the case of M/s Indu Nissan Oxo Chemical Inds. Ltd. vs. DCIT that the Hon’ble Apex Court in the case of TRF Ltd. vs. CIT reported at (2010) 323 ITR 397(SC) has held that this position in law is well-settled. After 1st April, 1989

Assessee making periodically RBI approved royalty payments to its AE, TPO not justified in determining ALP at Nil

August 7, 2015 993 Views 0 comment Print

The assessee-company was engaged in the business of manufacture of pre-engineered building system products. During relevant year, assessee entered into international transactions with its AE situated in Kuwait.

CBDT Instruction on monetary limit for filing appeals applies on pending cases too

August 7, 2015 2677 Views 0 comment Print

CBDT Instruction No. 5/2014 dated 10.07.2014 on subject of monetary limit for filing appeals is applicable on pending cases also- ACIT Vs. Suncity Infrastructure Pvt. Ltd. (ITAT DELHI)

In absence of any evidence to contradict Value in valuation report of registered valuer is to be taken as fair market value as on 01.04.1981

August 6, 2015 2980 Views 0 comment Print

In the case of Shri Barjinder Singh Bhatti vs. ITO ITAT has held that in absence of not having any evidence or material before him to contradict the report of the Registered Valuer, AO cannot reject valuation report of Registered Valuer.

Once nexus between expenses incurred and purpose of business was established, interest expenditure cannot be disallowed

August 6, 2015 2213 Views 0 comment Print

No effort or any arguments have been advanced by the Revenue to justify that the expenses were unreasonable and excessive. In the absence of any justification for making a 5% disallowance of the total expenses for royalty

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