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Bombay High Court

Reimbursement from agents abroad for global telecommunication facility is not fees for technical service

July 31, 2015 600 Views 0 comment Print

Due to the absence of any profit element in the amount paid by the agents it was held that it was purely in the nature of reimbursement of cost of MaerskNet. Further, MaerskNet was part of the shipping business and therefore subject to DTAA.

Reopening despite submission of all facts in relation to deduction claimed by assessee during original assessment is impermissible

July 30, 2015 919 Views 0 comment Print

The Assessing Officer had issued notice u/s 148 of IT act to reopen the assessment of the AY 2007-08 giving reasons to believe that there was non-disclosure of all facts with respect to deduction u/s 10A by the assessee and the assessee had taken the deduction without setting off the loss of one unit.

Adverse Statement of Witness cannot be relied by AO without giving assessee an opportunity to cross examine

July 28, 2015 2682 Views 0 comment Print

In the case of /s R.W. Promotions P. Ltd vs. ACIT Bombay High Court held that AO must gives an opportunity to cross examine the witnesses whose statement is relied upon by the revenue , violation of this right is clearly a breach of principles of natural justice.

Sec. 147 Reopening assessment for Verification of certain details not valid

July 18, 2015 1926 Views 0 comment Print

Clear language of section 147 of the IT Act reveals that if the Assessing Officer has reason to believe that any income has escaped assessment, then, he can resort to such power. While it is true, as Mr. Gupta argued

No full waiver of pre-deposit unless assessee proves that undue hardship is caused

July 10, 2015 1664 Views 0 comment Print

It is now settled position of law that, while considering the application for waiver of pre-deposit, the Tribunal or the Appellate Authorities are directed to take into consideration three factors namely, prima facie case, undue hardship and the interest of Revenue.

Interest income earned by assessee on money in bank related to business income is allowed u/s 80IA

July 8, 2015 1216 Views 0 comment Print

Whether tribunal was right in allowing appeal of the assessee holding that the interest income earned by the assessee on fixed deposits with the bank and other interest income are eligible for deduction u/s 80IA.

TDS on payment to doctors working in hospital under section 192 or 194J?

July 3, 2015 23585 Views 0 comment Print

The hospital had hired the doctors i.e professionals for their expertise, experience, and skill in the profession and requests them to be associated with the hospital, then their engagement cannot be said to be of employer-employee relationship.

Depreciation not allowed on share issue expenses capitalized to the cost of assets

June 26, 2015 3005 Views 0 comment Print

The learned counsel for assessee justified the claim for depreciation on the ground that these amounts which were capitalized, represented expenditure incurred in raising finance for the acquisition of and/or for brining into existence capital assets and thus formed part of the cost of fixed assets.

ITR of politicians cannot be provided under RTI unless its in in Public Interest

June 19, 2015 2511 Views 0 comment Print

The sole issue in the present writ petition is whether information related to income-tax returns of politician can be provided to any individual in purview of proviso of section 8 (1) (j) of the Right to Information Act, 2005. Whether the petitioner is entitled to the information

Assessee not bound by Quantum of Admission during assessment proceedings if same not offered in ROI

June 15, 2015 1413 Views 0 comment Print

An Assessee cannot be compelled with the quantum of additions as admitted during the course of assessment proceedings if the said additions were not offered to tax in the return of income.

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