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License Fees paid to Consultant / Doctors abroad under Business Arrangement is Allowable as Deduction

July 20, 2018 735 Views 0 comment Print

DCIT Vs M/s. Teleradiology Solutions P. Ltd. (ITAT Bangalore) The learned Counsel for the assessee has contended that it is a business arrangement between the assessee and the consultants/doctors. If the assessee does not pay the licence fee on behalf of the doctors, he has to compensate the doctors by making additional payment for the services. […]

Deemed rental of SOP should be determined as per municipal ratable value

July 20, 2018 867 Views 0 comment Print

The house which is not having any actual rental income but self occupied by assessee should be determined as per the municipal ratable value. Accordingly, the matter is restored to file of the Assessing Officer to find out the municipal ratable value of the house for computing income u/s 22 of the I.T. Act. We direct accordingly.

Receipt of share application money not taxable in case of non-resident

July 19, 2018 3864 Views 0 comment Print

Addition under section 68 on account of share application money received from non-resident was not justified as money brought into India by non-residents for investment or other purposes was not liable to Indian Income Tax.

Lease Rent for Car taken on finance lease allowed in income computation

July 19, 2018 6084 Views 0 comment Print

Recently in, Phillips India Ltd. vs. ACIT, ITAT Kolkata held that Deduction of lease rentals paid towards cars taken on finance lease allowed while computing income

No TDS U/s. 194H on discount on sale of prepaid starter kits/sim cards to distributors

July 19, 2018 1218 Views 0 comment Print

As the sale of starter kits/sim cards is purely a purchase/sale transaction on principal-to-principal basis and there is no relationship of agency, hence no obligation was cast upon the assessee to have deducted tax at source under Sec. 194H in respect of the discounts given to the distributors on the sale of the same.

Exemptions u/s 11(1)(d) cannot be denied for mere non claim in ITR

July 19, 2018 4839 Views 0 comment Print

ITO (Exemptions) Vs M/s. Syndicate Rural Development Trust (ITAT Bangalore) Appellant is a trust registered under section 12AA and filed its return of income on 29.09.2014 declaring a Nil income. During the year, appellant received Rs.50.00 lakh from National Institute of Rural Development, Government of India, as a part of grant of Rs.100 lakh for […]

Section 14A will not apply if no exempt income

July 17, 2018 2457 Views 0 comment Print

McDonald’s India case: Section 14A of the Income-tax Act, 1961 will not apply if no exempt income has been received or receivable during the previous year in question

‘Second leg contract’ cannot be denied applicability of section 44BB

July 17, 2018 1074 Views 0 comment Print

There is no provision u/s.44BB to support the Assessing Officer’s interpretation of the so called ‘second leg contract’ so as to deny the applicability of the section to the assessee. Only requirement of the section is plant and machinery is given on hire is used or to be used in the prospecting /extraction/production of mineral oil. Thus the learned DRP upheld the applicability of Section 44BB.

Reopening based on change of opinion is not permissible under law

July 17, 2018 1368 Views 0 comment Print

Motorola Inc, USA appeal before Delhi ITAT: When no intangible material came to the notice of the AO to form the opinion that the income of the assessee company has escaped assessment and all the facts and figures have been brought on record by the assessee company during assessment proceedings and same had been explained: The reassessment proceedings were not sustainable, having been made after a period of 4 years from the relevant assessment years

No addition for jewellery found within CBDT circular prescribed limit

July 16, 2018 3180 Views 0 comment Print

Shri Ashok Jain Vs ACIT (ITAT Mumbai) In the present case the assessee has not filed any wealth tax returns. The Hon’ble Rajasthan High Court in the case of Satya Narain Patni (supra) noted that the jewellery found during the search was within the limits prescribed by the CBDT circular and in the first instance, […]

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