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Profit from Land shown as Capital Assets in books is Capital Gain: ITAT Chennai

July 24, 2018 1806 Views 0 comment Print

ACIT Vs Ms. Indus Valley Housing, (ITAT Chennai) The question arises for consideration is whether the investment made by the assessee in the land at Nolambur is a stock-intrade or capital asset? If the land is stock-in-trade, then naturally the profit on sale has to be considered as income from business. If it is considered as capital asset, […]

Income from renting of IT park with services related to its use as technology centers constitutes Business Income

July 23, 2018 1806 Views 0 comment Print

Ambattur Infra Developers prevail in ITAT Chennai. Payments for leased space and services to be considered under ‘income from business.’

Commission of overseas agents for marketing, procurement of orders not liable to TDS u/s 195

July 23, 2018 3867 Views 0 comment Print

Payment of commission to overseas agents for marketing, procurement of orders and systematic market research was not liable to TDS as the same was not liable to tax in India as per Section 9(1)(vii).

Penalty U/s. 271AAB justified on return filed after issue of notice U/s. 142(1)

July 23, 2018 3372 Views 0 comment Print

Sonal Steels Trading Pvt. Ltd Vs ACIT (ITAT Chennai) Here admittedly, assessee was not maintaining any books. There was thus no question of recording any money, bullion, jewellery or any entry in any books. It is not disputed that assessee had not disclosed any receipts from bill trading before the date of search to the […]

Taxability of rent when leasing is main object of assessee

July 23, 2018 2352 Views 0 comment Print

Main object of the assessee firm, as laid down in the partnership deed, includes leasing of industrial park hence the income of the assessee both from leasing the space as well as providing maintenance services had to be considered only under the head income from business.

Interest on borrowing to pay earliest money deposits allowable as deduction u/s 36(1)(iii)

July 20, 2018 1731 Views 0 comment Print

DCIT Vs M/s. Prestige Garden Estates Pvt. Ltd. (ITAT Bangalore) Conclusion: Deduction was allowable under section 36(1)(iii) on interest on borrowing to pay earnest money deposits (EMD) to purchase properties being lands, flats, etc. as the same was for purpose of assessee’s business of acquiring properties. Held: In the present case, assessee-company was engaged mainly […]

Jurisdiction U/s. 263 cannot be assumed for non-communication of Form 3CL by DSIR to DIT (E)

July 20, 2018 2661 Views 0 comment Print

Century Seeds Private Limited Vs DCIT (ITAT Hyderabad) With reference to the finding of the Ld. CIT that the Form 3CM and 3CL are not filed which are mandatory, it was the submission that assessee has filed Form 3CM in letter format issued by DSIR granting renewal of recognition up to 3 1.03.2015 by the […]

Deduction under section 54F on Multiple flats received under JDA

July 20, 2018 12891 Views 1 comment Print

As far as the deduction u/s. 54F of the Act on the question whether if under a JDA multiple flats are given to the owner whether deduction u/s.54F of the Act can be given, the decision of the Hon’ble High Court of Karnataka and the other decision cited before us supports the plea of the […]

Weighted deduction u/s 35(2AB) on expenditure outside the R & D unit

July 20, 2018 10830 Views 0 comment Print

DCIT  Vs  Aurobindo Pharma Limited (ITAT Hyderabad) We have considered the rival contentions and perused the case law placed on record. In the decision of Concept Pharmaceuticals Ltd (supra) the Coordinate Bench did not allow the expenditure spent outside the R & D unit but the Bench has not considered the explanation introduced with reference to ‘Clinical Trials’. […]

Contribution towards construction of Cricket Academy incurred by RCB allowable as deduction

July 20, 2018 1311 Views 0 comment Print

M/s. Royal Challenger Sports Pvt. Ltd. Vs DCIT Assessee challenges the addition on account of contribution made to Cricket Academy of Rs.45 lakhs holding it to be capital expenditure. The assessee made a contribution of Rs.45 lakhs to Karnataka State Cricket Association (KSCA) for the purpose of creating a cricket academy. The assessee was also a Franchisee of BCCI-IPL, which […]

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