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ITAT Kolkata

TDS not deductible on Interest paid to a company carrying on Insurance business

December 1, 2017 4098 Views 0 comment Print

The Income Tax Appellate Tribunal recently proclaimed that the provisions relating to TDS would not be applicable in case of interest paid to a Non-Banking Finance Companies (NBFC) which is also engaged in business of insurance.

Food to employees in office or factory does not form part of fringe benefit

December 1, 2017 4035 Views 0 comment Print

It is clear from the provision of section 115WB(2)(B)(i) of the Act that expenditure on food provided by the employer to the employees in an office or factory does not form part of the fringe benefit.

Depreciation @ 100% on’ Advertisement hoardings treated as temporary structures allowable

December 1, 2017 7560 Views 0 comment Print

Depreciation @ 100% on’ hoardings treated as temporary structures as against the treatment given by the AO as plant and machinery allowing depreciation @ 15%.

Section 43B: Municipal Tax Arrears allowable in the year of payment

November 30, 2017 13863 Views 0 comment Print

ITO Vs. Sudhir Satnaniwala (ITAT Kolkata) It is observed that the deduction claimed by the assessee on payment of municipal tax arrears was disallowed by the A.O. on the ground that the said expenditure pertained to the earlier years and the assessee was not liable to pay the same. Since the corresponding rental income received […]

No Penalty for Short-Deduction of TDS due to bonafide confusion

November 29, 2017 8196 Views 0 comment Print

While allowing the appeal filed by the assessee Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently declared that penalty under Section 271C of the Income Tax Act would not attract when there is a short deduction of tax due to bonafied confusion.

Sec. 43B: Amusement Tax paid before due date of Filing Income Tax Return is eligible for deduction

November 29, 2017 1104 Views 0 comment Print

The Kolkata bench of Income Tax Appellate Tribunal recently ruled that Amusement Tax paid before the due date of filing of Income Tax Return is eligible for deduction under the Income tax Act, 1961.

Donation by assessee trust to a university approved U/s. 10(23C)(vi) is for charitable purpose & eligible for section 11 exemption

November 29, 2017 1539 Views 0 comment Print

We are of the view that donation given by assessee trust to a university approved under section 10(23C)(vi) is for charitable purpose subject to verification of the basic information which were not available on record, as per Ld. DR, such as:(i) Property from which the rental income of the trust has derived, that is rental agreement and assessee`s Trust entitlement to receive rental income.

Reimbursement of expense to Director by Company is not Taxable as Perquisite

November 29, 2017 38871 Views 0 comment Print

Gaurav Seksaria Vs. ITO (ITAT Kolkata) Reimbursement of expense incurred during foreign visit to Director by Company is not taxable as Perquisite  It is not in dispute that the assessee employee had not claimed any expenditure as deduction which were incurred by him through credit card during his foreign travel. He incurred expenses through credit […]

Getting audit done & timely report submission by CA is duty of Assessee

November 29, 2017 3078 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently held that it is the responsibility of the assessee to ensure that the audited books are submitted in stipulated time and that Chartered Accountant (CA) does his job properly.

Interest Income on funds Temporarily Parked as loan / Deposit is Business Income

November 22, 2017 1572 Views 0 comment Print

AO to treat the interest income temporarily parked in the banks and given as unsecured loan which yielded income and which has been offered to tax by the assessee should be treated as income from business and not from other sources.

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