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Ground & technical handling services rendered to other airlines in India- Taxation

June 3, 2018 1716 Views 0 comment Print

DCIT Vs. M/s. KLM Royal Dutch Airlines (ITAT Delhi) The technical handling services rendered by the assessee to the other airlines in India held to be part of the business of the assessee from the operation of aircraft in international traffic. In DCIT vs. KLM Royal Dutch Airlines [ITA No: 3819 /Del/2015, (A.Y. 2009-10) & […]

Excise duty refund and interest subsidy under Industrial Policy (2002-2005) is capital receipt

June 2, 2018 1104 Views 0 comment Print

ACIT Vs M/s Agro Life Science Corporation (ITAT Kolkata) In the present case the amount of excise duty refund and interest subsidy was treated by the AO as revenue receipt subject to tax. The reason given by AO is that the impugned amount was given to assessee after the commencement of commercial Production.  However, the […]

In case of operating leases, lease rent is an allowable expenditure

June 2, 2018 6054 Views 0 comment Print

M/s. HDFC Securities Ltd. Vs DCIT (ITAT Mumbai) AO had made the disallowance as he was of the opinion that it was a prepaid expense and that it could not be claimed during the year under appeal, that the assessee had claimed the expenditure as per the provisions of AS-19, that the agreement entered into […]

Section 79 gets attracted in case of change in more than 51% of shareholding despite being the same within the group

June 2, 2018 23253 Views 0 comment Print

Perusal of share holding pattern in current year clearly indicated that more than 51% of shareholding had changed, though within the group it remained the same, provisions of section 79 were attracted in assessee’s case and AO was justified in disallowing the claim of assessee.

Registration U/s.12AA cannot be cancelled for mere failure to communicate amendment in trust deed

June 2, 2018 4650 Views 0 comment Print

ITAT held that If amended objects of the trusts are not non-genuine and charitable in nature, then mere failure on the part of the assessee to intimate this amended objects to the department would not goad the ld. Commissioner to cancel registration.

Section 40A(3) overrides section 145(3) read with section 144

June 2, 2018 5205 Views 0 comment Print

These two appeals, filed by the assessee, being ITA No. 2135/Mum/2013 & I.T.A. No. 4896/Mum/2015 for assessment year 2009- 10 and 2008-09 respectively are directed against two separate appellate orders dated 22.01.2013 and 25-02-2015 respectively passed by learned Commissioner of Income Tax (Appeals)-33

Transfer pricing provisions do not apply to non-genuine or sham transactions

June 2, 2018 2739 Views 0 comment Print

Mitchell Drilling India Private Limited vs. DCIT (ITAT Delhi) It is elementary that the ALP is determined of an `international transaction’, which has been defined in section 92B of the Act. The term `transaction’, for the purposes of the Chapter–X containing transfer pricing provisions, has been defined in clause (v) of section 92F to include an […]

ITAT deletes addition made based on transactions wrongly reported in AIR

June 1, 2018 1341 Views 0 comment Print

There is a mistake of getting the information through AIR which was collected by the appellant’s AR from bank. The transaction reported in the AIR was wrongly reported by the department. The AO should inform DGIT(System) to verify such information from the department server and correct it in future.

Processing fees paid to bank for increase in working capital overdraft facilities is revenue expense

June 1, 2018 1419 Views 0 comment Print

When admittedly there is no capital creation with the loan facilities availed of by the assessee, the working capital overdraft facility cannot be kept under the category of capital expenses, rather working capital overdraft facility is oftenly used to run day-to-day business

No Penalty U/s. 271B if assessee maintained books of account

June 1, 2018 4587 Views 0 comment Print

Whether penalty under section 271B of the Act could be levied in a case where the books of account were maintained by the assessee. The Hon’ble jurisdictional High Court in that case held that where no account has been maintained, section 271B does not get attracted and instead recourse under section 271A can be taken.

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