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All ITAT

TDS not deductible on by-product retained by millers, as same was not passed on as Milling Charges

October 30, 2018 4995 Views 0 comment Print

ITO (TDS) Vs. M/s Punjab State Warehousing Corporation (ITAT Chandigarh) The main contention of the Department is that by-product retained by the millers have considerable market value and further that a sum of Rs. 15/- paid as ‘milling charges’ is a nominal cost which is insufficient to meet even the actual cost of services rendered […]

Trust penalized by ITAT for fraudulently seeking exemption as Govt Trust

October 30, 2018 921 Views 0 comment Print

Sri Dashmesh Academy Trust Vs CIT (Exemptions) (ITAT Chandigarh) Identical contentions as were raised by the representatives of the Trust before the lower authorities that the Trust is controlled and managed by the Government or that its funds and properties otherwise belong to the Government, have been raised by the counsel for the assessee Trust […]

Running school buses for fees by Trust is not a commercial activity if same is incident to achieve main object of proving education

October 30, 2018 5346 Views 0 comment Print

Delhi Public School Ghaziabad Vs ACIT (ITAT Delhi) The assessee did not provide transport facility to the outsiders and was providing the same only to the students and the staff working for the society. Since transport facility was incidental to achieve the object of providing education, i.e., the object of the society, therefore, the transport […]

Disallowance U/s. 36(1)(iii) justified for Interest-free loan to sister concern without commercial expediency

October 29, 2018 12450 Views 0 comment Print

M/s C.R. Auluck & Sons Pvt. Ltd. Vs ACIT (ITAT Chandigarh) Assessee has failed to establish its case of commercial expediency.  The intention of assessee in advancing the said interest-free loan to its sister concern was not for the purpose of business because the two concerns were carrying on independent lines of manufacturing and the […]

S. 43B Overdue interest converted into loan allowable only on payment

October 29, 2018 5547 Views 0 comment Print

Explanation 3C to section 43B provides that interest payable can only be allowed to an assessee when the same is actually paid and any interest which has been converted into a loan shall not be deemed to have been actually paid.

S. 80IB Deduction cannot be denied for mere non-submission of Form 10CCB Audit Report with Return

October 29, 2018 7806 Views 0 comment Print

DCIT Vs M/s Reckitt Benckiser (India) Ltd. (ITAT Kolkata) We come to Revenue’s appeal. Its sole grievance reads that the CIT(A) has erred in law and as facts in allowing arrears Section 80IB and 80IC deduction claims totaling to Rs. 1,39,48,12,000/- thereby reversing Assessing Officer’s action not taking any cognizance thereof solely for the reason […]

Period of holding whether to be reckoned from purchase agreement registration date or stamp date

October 29, 2018 7086 Views 0 comment Print

Sanjaykumar Footermal Jain Vs ITO (ITAT Mumbai) In the instant case it is crystal clear that by virtue of agreement for sale dt. 24-04-2008, and making a part payment, the assessee has acquired irrevocable tight, title and interest including possession in the house property in the form of Godown. The registration of the property which […]

Notional Income cannot be added for property lying vacant due to Act of Government

October 29, 2018 1194 Views 0 comment Print

Appellant was prevented by sufficient cause not to let out this property. Therefore, the Notional Income from the said property lying vacant due to Act of Government cannot be added back.

S. 194H TDS- Incentive paid by dealers to sub-dealers cannot be equated with commission

October 29, 2018 6858 Views 0 comment Print

Rakesh Kumar Vs CIT (ITAT Delhi) The permissive right to use the SIM cards to get access to the phone network of the telecom companies is given only to the ultimate customers who have activated the connections. Thus, in the case of the telecom company, it is the owner of the prepaid voucher/SIM card and […]

Compensation/damage for settlement of dispute is capital receipt

October 29, 2018 27171 Views 0 comment Print

As could be seen, the compensation received by the assessee was not for his professional activities but for settlement of dispute between him and some other party resulting in filing of a criminal complaint. That being the case, the amount received towards compensation/damage cannot fit in to the definition of income as per section 2(24) r.w.s 4 of the Act.

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