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Bhuvaneswari.S

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Disallowance cannot be made U/s. 40(a)(ia) for Short Deduction of TDS

Income Tax : S. 40(a)(ia) can be invoked only when the two conditions, namely, that tax is deductible at source and such tax has not been deduc...

July 4, 2015 7660 Views 0 comment Print

Estimation of income without any basis by Assessing Officer is not valid

Income Tax : The contention of the assessee was that the AO framed the assessment arbitrarily on the basis of assessment order for the assessme...

July 3, 2015 3228 Views 0 comment Print

Disallowance U/s. 14A cannot be made if Assesseee suo motto disallowed the expenses in excess of working U/s. 14A r.w. Rule 8D

Income Tax : After hearing the rival contentions, ITAT held that that the disallowance made by the assessee, is in excess to the disallowance w...

July 2, 2015 1318 Views 0 comment Print

Mere Entries found in third party books are not binding on Assessee

Income Tax : Entries found in third party books are not binding on the assessee solely on the basis of information received from the investigat...

July 1, 2015 4040 Views 0 comment Print

Appeals should Not Be Filed in Cases Where Tax Effect not Exceeds Monetary Limits

Income Tax : The contention of the assessee was that the tax effect in this appeal is less than Rs.4,00,000/-, therefore, the department ought ...

July 1, 2015 525 Views 0 comment Print


Applicability of Disallowance U/s 14A Read With Rule 8D if objective satisfaction is not recorded

June 16, 2015 1356 Views 0 comment Print

These are cross appeals filed by the assessee and the revenue directed against two separate orders of Learned CIT (A) – II Lucknow both dated 07.01.2013 for A.Y. 2008 – 09 and 2009 – 10. All these appeals were heard together and are being disposed by this common order for the sake of convenience.

Audit Fees for Prior Period not allowable unless expenses gets crystallized in the year under consideration

June 16, 2015 8193 Views 0 comment Print

Since the assessee is following mercantile system of accounting, the expenses of earlier year cannot be allowed in the present year because the assessee had not been able to furnish any evidence to show that the above expenses have crystallized in the present year.

Deduction u/s 80IC Rs cannot be denied on Foreign Exchange Rate Fluctuations

June 15, 2015 1951 Views 0 comment Print

Exchange rate fluctuation arises out of and is directly related to the sale transaction involving the export of goods of the industrial undertaking and, therefore, difference on account of exchange rate fluctuation is entitled to deduction under section 80IB of the Act. This ground of appeal is allowed.

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