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TDS Not deductible on Passenger Service Fees Collected by Airlines

March 20, 2019 7992 Views 0 comment Print

SF cannot be considered to be a payment made by the assessee airline. PSF is a payment made by the passenger which is only routed through the assessee airline. It is undisputed that the amount handed over by the assessee airline to the Airport Operators has also not been claimed as expenditure by the asssesee in its books of account.

No addition U/s 68 in absence of incriminating material during search

March 20, 2019 825 Views 0 comment Print

No addition could have been made u/s 68 of the Act in view of the fact that no incriminating material was found during the course of search to which this impugned addition could be related.

Payment of professional fee to trustees who are doctors allowable

March 20, 2019 3858 Views 0 comment Print

rofessional fee paid to the trustees, who were qualified doctors were allowable as deduction as it could not be held to be for the direct or indirect benefit of trustees.

Section 54 not restrict exemption to sale of one residential house

March 20, 2019 2223 Views 0 comment Print

ACIT Vs Mr. Bipin N. Sagar (ITAT Mumbai) Appellant has stated that the transfer is of one residential house. The three adjoining flats were merged and made it one residential house not by the Appellant but by previous owner. The Appellant ever since the date of purchase used it as one residential house. There is […]

No section 271C Penalty if TDS duly deducted & remitted at year end

March 20, 2019 1539 Views 0 comment Print

Where assessee duly deducted tax at source under section 194C at the end of the year and remitted the same to Government account, the penalty imposed under section 271C for assessee’s failure to deduct tax at source and remittance to Government account, would not be sustainable.

TCS not deductible if buyer declares use of goods for Manufacture

March 20, 2019 15117 Views 0 comment Print

ACIT Vs M/s. Bansal Ship Breakers P. Ltd. (ITAT Ahmedabad) Any person responsible for collecting taxes (TCS) under section 206(1) need not to do so if he obtains a declaration from the buyer that he is purchasing the goods for re-use in manufacturing process or producing article or things. It does not say that such […]

USA Federal & state tax eligible for tax credit under Income Tax Act, 1961

March 20, 2019 7074 Views 0 comment Print

Assessee was eligible to claim tax credit both federal as well as state taxes paid on the income earned during the year as section 91 did not discriminate between State and Federal taxes, and in effect provides for both the types of Income-taxes to be taken into account for the purpose of tax credits against Indian Income-tax liability.

Addition u/s 68 was justified in respect of unexplained creditors shown as bogus

March 20, 2019 2376 Views 0 comment Print

AO was justified in making addition under section 68 of credit balance showing in assessees books of accounts against the Nil balance shown by the creditors in their books of accounts as on verification of the books of accounts of the creditor it was found that there was no balance outstanding against assessee and the same indicated that the credit balance shown in the books of the assessee was bogus.

Transport Expense cannot be disallowed for mere non-furnishing of prescribed forms

March 19, 2019 3159 Views 0 comment Print

ACIT Vs Ms Arihant Trading Co. Pahari (ITAT Jaipur) On perusal of sub-section (6) of section 194C, it is clear that all that is required for non-deduction of TDS on payment to the transporter is that the latter furnishes his PAN number to the person responsible for paying or crediting the amount to him. The […]

No addition for duly explained Past Savings Kept in Locker

March 18, 2019 1356 Views 0 comment Print

Shri Dinesh Goswami Vs DCIT (ITAT Indore) When Source of Income Fully Explained Past Savings Kept in Locker is Justifiable in Law FACTS – Search was carried out on 30.11.2012 on the premises of assessee. Notice u/s 153A was issued to assessee to file return for AY 2007-08 to AY 2012-13. During the search cash […]

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