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Punjab and Haryana HC

Cash seized during demonetization eligible for PMGKY deposit scheme

January 23, 2017 15000 Views 2 comments Print

In case, the petitioner submits any application to the Income Tax Department, the authorities can look into matter for the purpose of declaration of undisclosed income by availing the remedy under the PMGKY Scheme.

Mere surplus generation not fatal to exemption u/s 10(23C)(vi)(via)/ 80G if same is utilized for charitable purposes

December 23, 2016 1329 Views 0 comment Print

In this case Punjab & Haryana High Court upheld the The law laid down in Visvesvaraya Technological University vs. ACIT 384 ITR 37 (SC)  that  generation of surplus is not fatal to the grant of exemption under section 10(23C)(vi)(via)/ 80G of Income Tax Act, 1961 if such surplus is utilized for charitable purposes. In this […]

SC explains TDS on construction, erection & commissioning of plants

December 9, 2016 24789 Views 0 comment Print

These are usual clauses in such contracts. The testing, pre-commissioning, commissioning and post-commissioning are required to be carried out by a contractor to satisfy the customer that the work has been executed in a proper manne

No penalty where assessee relied on professional opinion & there is no tax impact

November 30, 2016 1941 Views 0 comment Print

Tribunal noted that the respondent had claimed the set off of its business income of Rs. 1.85 crores against the brought forward business losses of the earlier years on the basis of a legal opinion received from a leading firm of Chartered Accountants dated 15.06.2001.

Guarantee Commission Paid for Acquisition of Fixed Assets – Allowable as Revenue Expenditure

September 29, 2016 3613 Views 0 comment Print

Section 37(1): (1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of business or profession

Guarantee commission allowable as Revenue expense

September 29, 2016 3763 Views 0 comment Print

P&H HC held that guarantee commission by itself does not bring into existence any asset of an enduring nature. Therefore, guarantee commission is allowable as revenue expenditure.

CBDT cannot extend time to claim deduction under section 54F

September 28, 2016 17784 Views 0 comment Print

Where assessee was precluded from construction of new house due to prohibition of construction in his area then assessee could seek relaxation in terms of section 119(2)(c) at time of claiming deduction under section 54F and such claim could be made only within time period, as prescribed under Act for making such claim.

HC directs tribunal to accept additional ground even if raised by way of oral request

September 16, 2016 14706 Views 0 comment Print

Rule 11 of Appellate Tribunal Rules does not require a party to seek the leave of Tribunal in writing to be heard in support of any ground not set forth in the memorandum of appeal, therefore, Tribunal was directed to adjudicate upon additional ground even if raised by way of oral request.

No Disallowance U/s.14A for mere decrease in shareholders funds

September 6, 2016 528 Views 0 comment Print

CIT Vs M/s Max India Limited (Punjab and Haryana HC) Where assessee’s borrowings of interest bearing funds got increased during the year, it could not be presumed that such borrowed funds were utilized for the purpose of investing in assets yielding exempt income and disallowance under section 14A made on the basis of such unfounded […]

S. 80IB deduction conditions to be fulfilled in all years of deduction claim

September 2, 2016 2362 Views 0 comment Print

Deduction U/s. 80IB is allowable over a period of 6 years which follows that conditions for claiming deduction must remain fulfilled in all years for which deduction being claimed

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