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Section 45(4) not applicable if no Assets transferred by Partnership firm to Retiring Partner

February 4, 2020 1965 Views 0 comment Print

ACIT Vs Thirumala Rice Industries (ITAT Bangalore) Sub-section (4) of Section 45 deals with a distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals or otherwise. If in the course of such distribution of capital asset there is a transfer of a capital asset by […]

Expense on feasibility study for improving day to day working is allowable as revenue expenditure

January 31, 2020 2385 Views 0 comment Print

JCIT (OSD) Vs Adani Logistics Ltd. (ITAT Ahmedabad) During the course of assessment proceedings the AO observed that the appellant has incurred an amount of Rs. 6,00,00,000/- on account of legal and professional fees paid to one M/s. Emerging India Investment Advisors Pvt. Ltd. It was further found by the Ld. AO that such expenditure […]

Sale of Amway & Other DSE’s Products permissible on e-commerce platforms

January 31, 2020 5793 Views 1 comment Print

Sale of  Amway, Oriflame, etc. on e-commerce platforms like Amazon was permissible for ensuring free flow of trade as the Direct Selling Guidelines were merely advisory in nature.

MAT on provision for card receivables (NPA) written back by NBFC

January 30, 2020 1839 Views 0 comment Print

Provision for card receivables (NPA) could not be said to be a provision for liability, because even if debt was not recoverable no liability could be fastened upon assessee. Clause (c) of Expln. to section 115JA did not get attracted and AO was not justified in adding back provision for card receivables (NPA) writen back while computing book profit.

Mere transaction through banking channel not sufficient to prove genuineness

January 30, 2020 4095 Views 0 comment Print

Assesssee did not furnish PAN and Bank statements or any of the directors of investor companies merely showing that transactions were carried out through banking channel was not sufficient to prove genuineness of transaction in the matter. When investors having nil income had deposited cash in their bank account immediately before giving cheque to assessee. The same were bogus entries received by assessee in the name of sale of shares and addition was rightly made by AO under section 68.

Belated Service Tax payment allowable on actual payment basis

January 30, 2020 3360 Views 0 comment Print

Service tax collected by assessee and not paid to the Government exchequer before the due date of filing of return was to be disallowed under section 43B and the same should be allowed on actual payment in the assessment year in which it was actually paid. 

Notional Interest which is part of Purchase price is business income

January 29, 2020 2325 Views 2 comments Print

AGR Matthey of Western Australia Vs. ADIT (ITAT Delhi) From the records it can be seen that there is no interest credit, since within a day or two of usance of letter of credit by PEC Ltd’s bank to the Assessee, letter of credit stands discounted by the Assessee with ANZ Bank of Australia. The […]

Payment of Royalty for Purchasing Right to Re-Produce Film-Music is a Revenue Expense

January 29, 2020 1953 Views 0 comment Print

The issue under consideration is whether payment of minimum guarantee royalty for purchasing right to reproduce film-music is considered as capital expense or revenue expense?

Section 44AD: Assessee need not explain individual entry of cash deposit in bank

January 27, 2020 11775 Views 0 comment Print

Sri. Girish V.Yalakkishettar  Vs ITO (ITAT Bangalore) Section 44AD of the Act gives an option to the assessee to offer income on presumptive basis. These are special provisions. The assessee has opted for the same and offered to tax income at the rate of 8% of his turnover. The issue is whether, the Assessing Officer […]

Bogus LTCG – ITAT refuses to grant Stay of Demand

January 26, 2020 1155 Views 0 comment Print

Shri Anoop Jain Vs ACIT (ITAT Delhi) The learned departmental representative vehemently objected to the stay petition and stated that assessee has obtained the bogus long-term capital gain in penny stock and therefore it does not deserve stay of demand. He further submitted that there are equal numbers of judicial precedent against the assessee and […]

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