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ITAT Amritsar

Premium paid under Keyman Insurance policy allowable as business expense

December 16, 2015 2633 Views 0 comment Print

ITAT held in M/s F.C Sondhi & Co.(India) P Ltd Vs The DCIT that the premium paid on the keyman Insurance Policy would be allowed as a business expense because the same had been paid for the growth

Keyman insurance policy expense is allowable expenditure u/s 37

November 30, 2015 1503 Views 0 comment Print

ITAT Amritsar held In the case of M/s Aaren Exports vs. DCIT that a Keyman insurance policy is to enable business organizations to insure the life of a Keyman in order to protect the business against the financial loss which may occur in the likely eventuality of premature death.

Income Surrendered as business income cannot be treated as deemed income u/s 69A

November 27, 2015 5105 Views 0 comment Print

ITAT Amritsar held In the case of M/s Dev Raj Hi-Tech Machines Ltd. vs. DCIT that it is apparent that assessee had made a surrender as additional income over and above the normal profits of the concern and since the income has been declared as business income

Assessee borrower not liable to prove the source of funds in the hands of lender

November 27, 2015 806 Views 0 comment Print

The ITAT Amritsar bench in case of Sh. Dushiant Kumar vs. ITO held that it is not the responsibility of the assessee to prove the source of funds in the hands of lender so long as he produce the lender before the AO who confirm the fact of lending money to assessee.

Disallowance u/s 40A (3) for aggregate cash payments of more than Rs. 20,000 in a single day to one person is applicable w.e.f. 01/04/2009

November 5, 2015 3805 Views 0 comment Print

ITAT Amritsar held In the case of M/s. Pardeep Singh Wazir vs. The DCIT that Circular no. 1/2009, dated 27th March, 2009 issued by CBDT is effective from 01/04/2009 i.e. for the assessment year 2009-10 onwards.

Proviso to Section 2(15) as substituted by Finance Act, 2015 is effective from 01.04.2016

October 5, 2015 4939 Views 0 comment Print

In the case of Hoshiarpur Improvement Trust Vs The Income Tax Officer Ward 1, Hoshiarpur , the assessee being a trust was registered under the Punjab Towns Improvement Trusts Act, 1922. It was providing services under the control and supervision of State Government for development of cities and towns.

Embroidery work on job work basis is Manufacture; Additional Depreciation allowable

October 1, 2015 8321 Views 0 comment Print

In this case assessee, was doing embroidery work on job work basis. The embroidery activity, according to the Tribunal, also results in production of a new article having a different market of its own and there are various stages involved in embroidery activity, as follows: i) Creating a digitalized embroidery design file

Keyman insurance expenses allowable if conditions u/s 10(10D) fulfilled

September 23, 2015 4986 Views 0 comment Print

In the case of Suri Sons vs. ACIT – ITAT Amritsar has held that that once life insurance policy has been sold as a life insurance policy on the keyman to the business, as long as it is in the nature of life insurance policy

Registration u/s 12AA cannot be denied by invoking provisions of section 2(15)

June 18, 2015 1865 Views 0 comment Print

Once the registration u/s 12AA granted to trust and the activities of the trust are genuine and as per object of the trust, CIT or any other authority empowered in this behalf cannot cancel registration on ground of involvement of trust in any activity other than charitable purpose.

Sec. 194C applies only if there exist a contractual arrangement between parties

June 15, 2015 1094 Views 0 comment Print

It is only when payments are made ‘in pursuance of a contract’ that the provisions of section 194C come to into play. The contract may be oral or written, express or implied but there must be a contract nevertheless. In the present case, however, the payment is on account of legal obligation under section 24(1) of the Punjab water Supply & Sewerage Board Act 1976

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