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Interest paid by Indian Branch to Its foreign HO allowable

October 7, 2018 2868 Views 0 comment Print

DCIT Vs Mizuho Corporate Bank Ltd. (ITAT Mumbai) We shall now advert to the issue as regards the allowability of the interest paid by the branch of the assessee bank to its head office as an expenditure in the hands of the branch office. We find that the claim of the assessee as regards the […]

Interest on late deposit of TDS allowable u/s 37

October 5, 2018 102930 Views 0 comment Print

Interest expenses claimed by assessee on account of delayed deposit of TDS liability was allowable under section 37(1) as the TDS amount did not represent the tax of  assessee but it was the tax of the party which had been paid by assessee. 

No Sec 80P Deduction to Co-operative Society Operating in more than One Taluk

October 5, 2018 933 Views 0 comment Print

ITO Vs Ernakulam Cooperative Agricultural & Rural Development Bank Limited (ITAT Cochin) Section 80P(2)(a)(i) was denied for two reasons by the Assessing Officer. The CIT(A) while allowing the claim of the assessee had not adjudicated the issue whether the assessee can be granted deduction u/s 80P, when the assessee’s area of operation is confined to […]

Income shown as agricultural but not proved is taxable as other Income

October 4, 2018 5016 Views 0 comment Print

Income-tax Authorities have correctly held that the assessee was not in receipt of Rs. 12,36,000 as agricultural income. Having held Rs. 12,36,000 as not agricultural income, the sum that is credited to the book of account has to be necessarily added as income from other sources u/s 68 of the I.T.Act.

Income of Indian Plastics Institute from technical lectures, seminars and workshop is exempt

October 4, 2018 636 Views 0 comment Print

M/s. Indian Plastics Institute Vs Assistant Director of Income Tax Officer (ITAT Mumbai) Considering that the activities of the assessee-trust are for advancement and development for the benefit of its members and public, the art, science, technology and engineering of plastics, natural and synthetic and other related materials which is achieved through regular technical lectures, […]

Penalty U/s. 272A(1)(c) justified for deliberate defiance by assessee

October 4, 2018 13221 Views 0 comment Print

Young Indian Vs Addl. DIT (Inv.) (ITAT Delhi) There was a deliberate defiance on the part of the assessee for non-submission of the same under the pretext that some of the details are available in the records of the Income Tax Department or some of the details are available in the Website of the Ministry of […]

ITAT on addition for share application money received from bogus shareholders

October 4, 2018 2037 Views 0 comment Print

ACIT Vs Goldmohur Design And Apparel Park Ltd (ITAT Mumbai) Bombay High Court in CIT vs Gangadeep Infrastructure Pvt. Ltd. (394 ITR 680)(Bom.) held in this context to the pre-amended section 68 has held that where the Revenue urges that the amount of share application money has been received from bogus shareholders then it is […]

Audit fees/bank charges, communication & office expenses allowable U/s. 37

October 3, 2018 17544 Views 0 comment Print

Conclusion: Receipt of agency commission, travel by directors to explore possibilities of getting business and taking premises on lease for the purpose of manufacturing activity was sufficient to conclude that business of assessee had been set up during the relevant previous year, therefore, assessee was entitled to claim deduction of all the expenses under section 37.

S.263 CIT cannot treat Loss as speculative which was treated as business by AO with due application of mind

October 3, 2018 585 Views 0 comment Print

Where AO after making adequate enquiries and verification held that forward contract loss was allowable as normal business loss, CIT was not justified in treating the same as speculative one and the assessment order as erroneous and prejudicial to the interest of revenue.

Addition for ON MONEY received on Sale of Flat should be based on evidence found during search

October 3, 2018 6960 Views 0 comment Print

M/s Runwal Projects Pvt Ltd Vs DCIT (ITAT Mumbai) There is no dispute with regard to the fact of receipt of on-money from sale of flats. This fact has been admitted by the assessee including its director in the statement recorded during the course of search. This fact is also supported by incriminating material found […]

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