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No Section 194C TDS on reimbursement of vehicle expenses

February 24, 2020 14511 Views 0 comment Print

Where a vehicle was provided by assessee to the concerned parties and assessee was to bear the vehicle expenses actually incurred by the cab owners which will be reimbursed by the parties concerned, reimbursement of actual expenses incurred by assessee could not be treated as payment subject to TDS under section 194C.

Depreciation allowable on Goodwill from Acquisition of Business Unit

February 23, 2020 6702 Views 0 comment Print

DHL Logistics Private Limited Vs DCIT (ITAT Mumbai) We have to consider whether goodwill is an intangible asset under section 32, hence, eligible for claim of depreciation. In our view, this issue is no more res integra in view of the decision of Hon’ble Supreme Court in Smifs Securities Ltd. (supra) where the Hon’ble Supreme […]

Foreign exchange loss due to currency fluctuation was not a speculation but a business loss

February 21, 2020 6393 Views 0 comment Print

Forward contracts in the nature of hedging transactions in course of normal import export activities to cover up losses on account of foreign exchange valuation difference results in business losses and not speculative one.

Appeal filing Threshold limit applies to both pending & future appeals

February 21, 2020 4263 Views 0 comment Print

Revised/enhanced minimum threshold limit of tax effect of Rs. 50 Lakh vide CBDT Circular No. 17/2019, dated 8-8-2019 was applicable not only for appeals to be filed by Revenue in future; but also for appeals already filed by Revenue in ITAT. Therefore, all existing appeals in ITAT, having tax effect below the revised/enhanced limit of Rs. 50,00,000, were to be treated as withdrawn/not pressed; and were, not maintainable.

No penalty for wrong interpretations of provisions of Income Tax Act

February 21, 2020 3063 Views 0 comment Print

Penalty under section 271(1)(c) could not be levied for bonafide explanation furnished by assessee as assessee had not offered interest income for tax due to wrong interpretations of the provisions of the Act, not on account of deliberate concealment of income or furnishing of inaccurate particulars of such income.

Assessee to Offer Business Income in Year in which Stock-in-Trade was Sold

February 21, 2020 2115 Views 0 comment Print

The issue under consideration is whether in case of real estate, tax liability will be arise when land was sold or when same was contributed for development under JDA?

Affordable house to low income group amount to ‘Relief to Poor’ & eligible for section 11 exemption

February 20, 2020 969 Views 0 comment Print

The issue under consideration is that whether the activities carried out by Surat Urban Development Authority are considered as Charitable Activities and hence entitled to the exemption under section 11 of the Income Tax Act or not?

CBDT Instruction No. 1916 will not take away the benefit of explained jewellery

February 20, 2020 9081 Views 0 comment Print

The moot point discussed here is very important where in, the allowed quantity as per the Instruction no 1916 is applicable in case where the assessee does not explain the source of the jewellery and the presumptive quantity is allowed. Such quantity is a Blanket Allowance.

No Section 271(1)(c) penalty for genuine omissions in Income Tax Returns

February 20, 2020 2805 Views 0 comment Print

Omega Corrugators Pvt. Ltd Vs ITO (ITAT Mumbai) ITAT Mumbai bench has held that genuine omissions must be excluded from the levy of penalty under section 271 (1)(c) of the Income Tax Act, 1961. We find that assessee has debited a sum of Rs.3,57,541/- towards loss on sale of motor car in its profit and […]

Section 68 addition cannot be made when source of sources proved

February 20, 2020 3957 Views 0 comment Print

Veritas (India) Ltd. Vs ACIT (ITAT Mumbai) Conclusion: Assessee had established identity of investors and submitted documents to establish creditworthiness and the certificate issued by the Firm of Accountants for proving the movement of funds from ultimate investors to the foreign companies which establish genuineness of transactions thus,  assessee had discharged initial burden placed upon […]

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