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Business loss can be set off against addition u/s. 68 or undisclosed income

August 28, 2014 5744 Views 0 comment Print

Once loss is determined, the same should be set off against the income determined under any other head of income including undisclosed income. Hon’ble ITAT Ahemdabad Bench in the case of M/s. K.R. Automobiles v/s ACIT in ITA No.1972/Ahd/2012 has held that business loss can be set off against the addition u/s.68 of the Act by observing as follows:-

Purchases cannot be bogus for mere listing of supplier as hawala dealer

August 25, 2014 30685 Views 0 comment Print

ITAT Mumbai has in the case of Shri Rajeev G. Kalathil Vs. DCIT held that Purchases can not be termed as bogus by the AO merely because the supplier was listed as a hawala dealer by the Vat authorities.

Disallowance U/s. 14A cannot exceed expenditure claimed as a deduction

August 23, 2014 5154 Views 0 comment Print

We find from the audit report that the expenses in respect of exempt income was shown at Rs. Nil,that the assessee had debited direct expenses on account of dematerialisation and STT in the capital account and in the profit and loss account,that AO had presumed that the assessee had must

Dividend Taxable if Company from whom it received has not paid dividend distribution tax

August 23, 2014 8837 Views 0 comment Print

Dividend is not exempt under Section 10(34) read with Section 115-O because the companies from whom the assessee received the dividend has not paid dividend distribution tax. His claim is that the dividend received by the assessee company is exempt on account of mutuality

Penalty cannot be levied merely because an amount is not allowed or taxed as income

August 23, 2014 24370 Views 0 comment Print

Hon’ble Supreme Court in the case of M/s Hindustan Steel Ltd. vs State of Orissa (1972) 83 ITR 26(SC) and decision of Hon’ble High Court of Delhi in Escorts Finance Ltd. (2009) 226 CTR (Del) 105 wherein it was held that where facts are clearly disclosed in the return

Interest Expense incurred to earn Interest Income is allowable – Section 57(iii)

August 15, 2014 42477 Views 12 comments Print

As long as the expense is incurred wholly and exclusively for the purpose of earning an income, even if it is not necessarily for earning that income, it will still be deductible in computation of income. What thus logically follows is that even in a situation in which proximate or immediate cause of an expenditure was an event unconnected to earning of the income

Transfer Pricing: Share application money cannot be treated as loan for taxing notional interest despite non-allotment of shares for long time

August 15, 2014 3522 Views 0 comment Print

Assessee has challenged the addition made by the A.O. and sustained by the ld. CIT(A) by way of TP adjustment on account of interest chargeable on the amount of share application money paid to its AE and lying unutilized for a period beyond 60 days treating the same as loan.

S. 80P Co-Operative Credit Society is a Bank if it Satisfies the conditions of a Primary Bank

August 14, 2014 1060 Views 0 comment Print

From the reading of Sec. 80P(4) it is apparent that this section denies deduction to a co-operative bank other than a primary agricultural credit society or primary co- operative agricultural and rural development bank.

Its inhuman to collect money for admission in medical college

August 14, 2014 888 Views 0 comment Print

Hon’ble Cochin ITAT has in the case of M/s Sree Anjaneya Medical Trust while disposing off the appellant’s plea for registration u/s 12A has held that collection of money for admission of students in the professional colleges is not only inhuman but also against the scheme of the Constitution of sec 12A.

Assessee cannot legally collect TCS from buyers who furnishes section 206C(1A) declaration

August 14, 2014 3078 Views 0 comment Print

Assessee cannot be treated as assessee in default for not collecting TCS from such buyers from whom the assessee received declaration as per provisions of section 206C(1A) of the Act.

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