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TDS u/s 194J not applicable on modeling services rendered by Katrina Kaif

May 12, 2020 8973 Views 0 comment Print

The issue under consideration is whether the services, the modeling, rendered by Ms. Katrina Kaif in this case constitutes professional service and the fee paid to her for modeling with the purpose of marketing of the camera products of the assessee liable for TDS u/s 194J?

Section 80IB deduction allowable only on Income having direct nexus with developing a housing project

May 12, 2020 2667 Views 0 comment Print

The issue under consideration is that whether the disallowance made by the Assessing Officer on account of assessee’s claim for deduction under section 80IB(10) of the Income Tax Act, 1961 in respect of interest received amounting to Rs.11,10,810/- and other income amounting to Rs. 6,36,746/- is correct or not?

Satisfaction note should be recorded separately for assessee searched u/s 132

May 11, 2020 2013 Views 0 comment Print

The assessee challenged the jurisdiction as the Assessing Officer has not given any separate satisfaction for the assessee and only a mechanical satisfaction was recorded.

Registration u/s 12AA cannot be refused for non-starting of charitable activities

May 11, 2020 1974 Views 0 comment Print

In the given case the appeal is filed by the assessee society because their application for registration under section 12AA is rejected by the CIT with the reason that the society is a commercial entity engaged in providing medical services on commercial lines and levying huge fee for the same, without any act of charity.

Word ‘assessable’ inserted in section 50C w.e.f. 01/10/2009

May 11, 2020 1518 Views 0 comment Print

Word assessable has been inserted in section 50C w.e.f. 01/10/2009. Thus, prior to 01/10/2009, the section 50C was applicable over the sale of properties, which were sold by of the registered deed where the stamp value was assessed by the registration authorities and the section 50C was not applicable,

Exemption u/s 54 allowed if purchase amount paid by assessee irrespective of name on agreement of Son

May 8, 2020 2451 Views 0 comment Print

Smt. Subbalakshmi Kurada Vs ACIT (ITAT Bangalore) The issue under consideration is that if the assessee reinvested capital gains in purchase of new residential house in the name of assessee and his son together then whether assessee in entitle to the full amount of exemption u/s 54? As per Section 54, it mandates that the […]

CPC Processing/Additions cannot go beyond Inst. No.10/2017

May 7, 2020 3162 Views 0 comment Print

CBDT’s instruction No.10/2017 dated 15.11.2017 has clearly laid down that only when receipts are completely omitted to be declared in the return of income can there be an addition for invoking 143(1)(a)(vi) of the Act.

Depreciation @ 60% allowable on Set Top Boxes acquired on Finance Lease

May 6, 2020 3522 Views 0 comment Print

Fastway Transmission (P) Ltd. Vs ACIT (ITAT Chandigarh) Conclusion: Set top boxes was the property of CISCO which was taken by assessee on lease from CISCO against payment of lease charges thus assessee was not entitled to claim the principal component of alleged lease rent paid as ‘revenue expenditure’ u/s 37(1) however, entitled to claim […]

No Tax on amount received by Partner on reduction in Profit Sharing Ratio

May 5, 2020 8136 Views 0 comment Print

ITAT Mumbai rules compensation for reduced partnership share is not capital gains. Anik Industries Ltd. vs. DCIT case. Assessment Years 2010-11 & 2012-13.

While computing income U/s. 115J AO cannot tinker book profit

May 5, 2020 1170 Views 0 comment Print

Assessing Officer tinkered the book profit by adding the additional revenue on account of subsequent realization of export, while computing the book profit u/s 115JB of the Act. The assessee has revised the return of income by including the additional revenue in its total income.

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