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S. 14A No disallowance towards exempt income earned on strategic investments

January 27, 2015 3269 Views 0 comment Print

The assessee had made significant investments in the shares of subsidiary companies which are definitely not for the purpose of earning exempt income. The Hon’ble Tribunal in I.T.A. No.3349/Del/2011 in the case of Promain Ltd., after relying upon a Kolkatta judgment of Tribunal in I.T.A. No.1331

Extended credit period to AE attracts TP adjustment

January 23, 2015 3065 Views 0 comment Print

In this case, the ITAT ruled that extended credit period allowed to the Associated Enterprises (‘AE’) amounted to short term funding without interest and thus attracted TP adjustment on account of notional interest from such short term funding.

Penalty based on order passed in cursory & summary manner not sustainable

January 21, 2015 2079 Views 0 comment Print

Hon’ble Delhi ITAT has in the case of M/s. Fortune Ploymers Industries Pvt.Ltd. vs. DCIT, has held that Penalty u/s 271(1)(c) cannot be imposed on an un-detailed assessment order passed in a cursory and summary manner .

Reimbursement of medical expense is not perquisite u/s 17(2)

January 20, 2015 23911 Views 0 comment Print

Brief facts of the case are that The assessee received a sum of Rs.90,090/- towards reimbursement of medical expenses from the company M/s Bajaj Consultants Pvt. Ltd., wherein, he is a Director and claimed the same as exempt u/s 17(2) of the Act.

Disallowance u/s 40(a)(ia) for mere deduction of TDS under wrong section

January 17, 2015 3814 Views 0 comment Print

The provisions of section 40(a)(ia) of the Act has two limbs one is where, inter alia, assessee has to deduct tax and the second where after deducting tax, inter alia, the assessee has to pay into Government Account.

Indexed cost of acquisition of gifted assets

January 17, 2015 6406 Views 0 comment Print

Hon’ble Delhi ITAT has in the case of DCIT V/s Soni Sonu Mirchandani has held that indexed cost of acquisition to be computed with reference to the year in which the previous owner first held the gifted assets.

Rent from Mobile antennae installed at terrace taxable as House Property Income

January 16, 2015 51009 Views 7 comments Print

Rent is for space to host the antennas and not for the antennas. As long as the rent is for the space, terrace and roof space in this case and which space is certainly a part of the building, the rent can only be taxed as ‘income from house property’.

s. 50C – Circle-rate prevailing on the date of execution of sale deed is relevant & not the rate on registration date

January 14, 2015 4222 Views 0 comment Print

Assessee sold the land vide registered agreement dated 27th May 2004, for consideration of Rs.2,62,08,000/- and on the said date the circle rate was Rs.13,000/- per sq meter. However, on the date of registration of sale-deed, i.e. 16th September 2004, the circle-rate enhanced to Rs.20,000/- per sq meter.

Employees' contribution to PF is eligible for Deduction U/s. 43B

January 14, 2015 6194 Views 0 comment Print

Whether the deposit by the assessee­ of the employee’s contribution to the Employees Provident Fund (EPF) or to the Employees State Insurance Corporation (ESIC), i.e., as an employer, after the respective due dates, i.e., under the respective Acts, where-under both the employee and the employer are obliged to contribute a sum, reckoned as a percentage of an employee’s salary,

Amount received under POA cannot be treated as income of receiver

January 14, 2015 3158 Views 0 comment Print

The assessee was given a sum of Rs.25 lakh by Ustad Zakir Hussain (an eminent Tabla Artist) in pursuance of a general Power of Attorney dated 01st March, 2002, for the purpose of making investment with HSBC Bank, portfolio management scheme on his behalf.

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