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ITAT Kolkata

Expense on replacement of optic fibre cables on regular basis to retain existing Customers is revenue expense

December 6, 2017 3969 Views 0 comment Print

Contention of that assessee was that the traditional cable was cut and damaged by the rival cable network operators. The assessee therein had to necessarily replace the damaged part of the cables alone and not the entire cable by optical fibre cable for transmitting TV signals.

Abated assessments cannot be disturbed if no incriminating material found during search

December 6, 2017 5319 Views 0 comment Print

Legislature had conferred powers on AO to just follow assessments already concluded unless there is an incriminating material found in search to disturb concluded assessment.

No Section 14A disallowance for dividend earned on Strategic Investment in Subsidiary Company

December 6, 2017 4800 Views 0 comment Print

This appeal as well as Cross Objection (CO) by the Revenue and assessee is directed against the order of Commissioner of Income Tax (Appeals)-9, Kolkata dated 01.12.2015. Assessment was framed by DCIT, Circle-11, Kolkata u/s 143(3) of the Income Tax Act, 1961

Expenses incurred to earn Interest Income can be claimed u/s 57(iii)

December 6, 2017 35229 Views 0 comment Print

ITO Vs. M/s Borojalingh Tea Co. (ITAT Kolkata) The question before us arises so as to whether the assessee is entitled for claiming the interest expense against the interest income in the given facts and circumstances. It is undisputed fact that the loan was provided to the parties on interest and accordingly interest income was […]

Section 194C TDS not applicable on Transport Charges Reimbursed to suppliers

December 6, 2017 17250 Views 0 comment Print

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Burdwan dated 20.01.2016 and the solitary issue involved therein relates to the deletion by the ld. CIT(Appeals) of the disallowance of Rs.32,06,445/- and Rs.3,58,000/-

Derivatives Profit / Loss: Section 43(5)(d) applies from AY 2006-07

December 1, 2017 30060 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) has recently held that loss derived from trading in derivatives carried out prior to 25/01/2006 cannot be treated as speculative loss and it should be treated as normal business loss under the provisions of the Income Tax Act, 1961.

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

December 1, 2017 3915 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 3480 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 6771 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 12861 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 […]

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