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Priya Fulwani

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Section 68, 69, 69A, 69B and 69C of Income Tax Act, 1961

Income Tax : Comparison between section 68, section 69, section 69A, section 69B and section 69C: -So far as section 68 is concerned, the onus ...

June 30, 2020 405325 Views 14 comments Print

Set Off of Losses or Carry Forward and Set Off of Losses

Income Tax : SET OFF OF LOSS FROM ONE SOURCE AGAINST INCOME FROM ANOTHER SOURCE UNDER THE SAME HEAD OF INCOME (INTER SOURCE). SET OFF OF LOSS ...

July 29, 2015 7000 Views 0 comment Print


Latest Judiciary


Municipal value is a bonafide method to determine ALV even if market value of rent is higher

Income Tax : M/s NRB Bearing Ltd vs. Addl. Commissioner of Income Tax (ITAT Mumbai) Municipal rateable value cannot be rejected straightway.To ...

February 2, 2016 3908 Views 1 comment Print

ITAT explain difference between Corporation by and under an Act while considering TDS on Interest to Noida

Income Tax : The assessee, a Branch of Canara Bank, made interest payment of Rs.201,000,000/- to New Okhla Industrial Development Authority (he...

January 9, 2016 9753 Views 0 comment Print

Reimbursement of salary cost of high level managerial personal can be treated as FTS

Income Tax : Food world Supermarkets Ltd. vs.DCIT- ITAT Bangalore observed that the 5 seconded employees were not ordinary employees or workers...

December 31, 2015 1667 Views 0 comment Print

Mere transfer of unexpired contracts cannot be treated as Capital Expenditure

Income Tax : Tata Consultancy Services Ltd. vs. ACIT (ITAT Mumbai) ITAT observed that the assessee has acquired the service agreement whereby ...

December 18, 2015 688 Views 0 comment Print

Payment made to Independent Consultants is liable for deduction u/s 194J and not 192

Income Tax : Appeal filed by Assessee - The Assessee is a company incorporated under the provisions of Companies Act, 1956 and is engaged in ru...

December 9, 2015 4456 Views 1 comment Print


India Finland DTA- Technical services if technical knowledge skill, know how or design been made available

September 27, 2015 2771 Views 0 comment Print

ITAT Delhi has held in the case of ITO, TDS vs. Nokia India Pvt. Ltd that services rendered does not qualify as FTS for technical services under the India Finland Tax Treaty if service provider has not made available to assessee any technical knowledge skill

Intention of letting out property is to be seen for section 23(1)(c)

August 29, 2015 8355 Views 0 comment Print

ITAT Mumbai held in case of ACIT vs. Suryashankar Properties Limited that Intention of letting out the property is to be seen for invoking clause (c) of section 23(1) for computing the annual letting value of the property and it is irrelevant whether the property is/was let out.

Penalty cannot be imposed for mere non acceptance of claim made by Assessee

August 27, 2015 598 Views 0 comment Print

TechNVision Ventures Ltd. Vs. DCIT (ITAT Mumbai) Merely because the assessee had claimed the expenditure, where claim was not accepted or was not acceptable to the revenue, that by itself would not, attract the penalty under Section 271(1)(c).

Retrospective amendments make no difference to non-taxability of payments made to foreign companies if income accrues abroad

August 18, 2015 2403 Views 0 comment Print

Delhi High Court has held in the case of DIT vs. M/s Lufthansa Cargo India that Retrospective amendments seeking to tax income of non-residents does not affect the source rule’. The amendment makes no any difference to the non-taxability of payments made to foreign companies if the income accrues abroad – Section 9.

Bogus sales / purchases- Addition based on mere statement of supplier not justified

August 11, 2015 2020 Views 0 comment Print

ITAT Mumbai has held in the case of ACIT vs. Tristar Jewellery Exports Pvt. Ltd. That Reliance on statement of supplier who confesses to providing accommodation entries without giving assessee right of cross-examination violates principles of natural justice.

Deduction u/s 194C instead of u/s 194J renders shortfall liable for disallowance u/s 40(a)(ia)

August 10, 2015 7776 Views 0 comment Print

The Court relied on the agreement concluded between Assessee and M/s Lakeshore according to which M/s Lakeshore would run Gastroenterology, Gastrointestinal surgery, Urology, Nephrology and Anesthesiology departments of the assessee upon receipt of payments as per the agreement which was not the case of undertaking a contract work.

If payment is for variety of services & use of land is minor, Payment cannot be treated as rent –SC

August 7, 2015 1968 Views 0 comment Print

The charges such as Landing Charges, Lighting Charges, Approach and Aerodrome Control Charges, Aircraft Parking Charges, Aerobridge Charges, Hangar Charges, Passenger Service Charges, Cargo Charges etc.

S. 80IB(10) Restriction on extent of commercial area not applies to projects approved before 1.4.2005

August 7, 2015 960 Views 0 comment Print

CIT vs. Sarkar Builders (Supreme Court of India)- Restriction on extent of commercial area in ‘housing project’ imposed w.e.f. 1.4.2005 does not apply to housing projects approved before 1.4.2005 even though completed after 1.4.2005 – Section 80-IB(10).

Deduction u/s. 80HHC allowable only against profit from export business- SC

August 7, 2015 10498 Views 0 comment Print

The appellant-assessee is engaged in the business of export of marine products and also financial consultancy and trading in equity shares. Its total business does not consist purely of exports but includes business within the country as well which situation is covered by Section 80HHC (3)(b).

Set Off of Losses or Carry Forward and Set Off of Losses

July 29, 2015 7000 Views 0 comment Print

SET OFF OF LOSS FROM ONE SOURCE AGAINST INCOME FROM ANOTHER SOURCE UNDER THE SAME HEAD OF INCOME (INTER SOURCE). SET OFF OF LOSS FROM ONE HEAD AGAINST THE INCOME FROM ANOTHER (INTER HEAD)

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