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Charitable Trust Registration – CIT cannot amend Section 12A Provisions

August 20, 2022 1746 Views 0 comment Print

Section 12A provision govern cancellation of Charitable Trust Registration, and these provisions can neither be diluted or supplemented by CIT

Section 271(1)(c) penalty cannot be imposed instead of Section 271AAA

August 20, 2022 927 Views 0 comment Print

Section 271AAA seeks to impose penalty where undisclosed income is detected during the course of search initiated under Section 132 of the Act on or after 01.06.2007 which condition has been fulfilled

TDS not deductible as patent/ copyright not used against royalty paid

August 19, 2022 2577 Views 0 comment Print

Held that TDS not deductible when neither any patent or copyright was used by the assessee against which the royalty was paid nor there was any technical know-how made available to the assessee.

Addition u/s 68 unsustainable as documents supporting genuineness of share capital submitted

August 19, 2022 801 Views 0 comment Print

Held that addition u/s 68 unsustainable as all the necessary documentary evidences in support of genuineness of share capital submitted by the assessee.

Depreciation u/s. 32 available on non-compete fees

August 19, 2022 1575 Views 0 comment Print

Held that non-compete fees, being an intangible asset, paid in accordance with the terms of the agreement is eligible for depreciation u/s 32

Addition u/s 68 sustainable on failure to establish genuineness and creditworthiness of lender

August 19, 2022 1356 Views 0 comment Print

Held that since the receiver has failed to establish the creditworthiness of the lender and genuineness of the transaction, addition u/s. 68 as unexplained cash credit sustainable.

Interest on delayed TDS payment not allowable as expense/deduction

August 19, 2022 2373 Views 0 comment Print

Interest on late payment of TDS u/s. 201(1A) is interest on income tax & such interest cannot be claimed as a deduction.

TDS credit allowable in the year in which income offered by assessee

August 19, 2022 2364 Views 0 comment Print

As per Section 199 r.w. Rule 37BA(3), credit for TDS shall be allowed by AO in the year when the income has been offered by the assessee.

AO cannot scrutinize income tax return without issuing Section 143(2) Notice

August 19, 2022 2325 Views 0 comment Print

AO get jurisdiction over return of income only upon service of section 143(2) notice, meaning thereby so AO cannot scrutinize return of income

Section 54: Land value includible in cost of new residential house

August 19, 2022 5976 Views 0 comment Print

Section 54 Cost of new residential house includes cost of land construction materials labour & other cost of construction of residential house

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