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Shruti Juneja

Latest Judiciary


Section 2(15) Hostel accommodation provided to various invitees could be considered as commercial activity? 

Income Tax : The predominant activities of the centre was not to earn income but to provide facilities for disseminating or exchanging knowledg...

June 29, 2015 3087 Views 0 comment Print

TDS claimed by the assessee can be treated as income of the assessee if the same has been taxed on substantive basis

Income Tax : Protective assessment made by the Assessing Officer in the present case cannot be sustained because substantive addition has been ...

June 27, 2015 1754 Views 0 comment Print

Allowability of deduction U/s. 80IB(10) on construction of units more than the permitted

Income Tax : The assessee has filed its return of income on 31-12-2006 declaring total income at Rs. Nil. The assessee had claimed deduction at...

June 27, 2015 1200 Views 0 comment Print

Mere declaration of supplier as ‘Hawala dealer’ by Vat Authorities not sufficient to made addition U/s. 69C

Income Tax : Brief Facts:Assessee, an individual,proprietor of M/s. Hydro Pure System,is engaged in the business of installation,erection and s...

June 26, 2015 1102 Views 0 comment Print

Retention Money taxable when right to receive accrues not on mere billing

Income Tax : The assessee submitted that the retention money which was payable after expiry of plant performance guarantee period is over, did ...

June 26, 2015 1789 Views 0 comment Print


Latest Posts in Shruti Juneja

Section 2(15) Hostel accommodation provided to various invitees could be considered as commercial activity? 

June 29, 2015 3087 Views 0 comment Print

The predominant activities of the centre was not to earn income but to provide facilities for disseminating or exchanging knowledge as per the object of the society The dominant object of the assessee is definitely for the well being of public at large by organizing various seminars for

TDS claimed by the assessee can be treated as income of the assessee if the same has been taxed on substantive basis

June 27, 2015 1754 Views 0 comment Print

Protective assessment made by the Assessing Officer in the present case cannot be sustained because substantive addition has been made in the hands of IBN-18 Broadcast and therefore, if any addition is made in the present case, it will amount to double addition.

Allowability of deduction U/s. 80IB(10) on construction of units more than the permitted

June 27, 2015 1200 Views 0 comment Print

The assessee has filed its return of income on 31-12-2006 declaring total income at Rs. Nil. The assessee had claimed deduction at Rs. 1,91,400/- u/s. 80IB(10) of the income tax act. The Point of issue was the assessee has carried out the construction in violation of the original plan passed by AUDA and therefore violated the condition of section 80IB(10).

Mere declaration of supplier as ‘Hawala dealer’ by Vat Authorities not sufficient to made addition U/s. 69C

June 26, 2015 1102 Views 0 comment Print

Brief Facts:Assessee, an individual,proprietor of M/s. Hydro Pure System,is engaged in the business of installation,erection and servicing of water purifying systems.He is deriving income from business and other sources. He filed his return of income on 28.9.10,declaring total income of Rs.18.40 lacs .

Retention Money taxable when right to receive accrues not on mere billing

June 26, 2015 1789 Views 0 comment Print

The assessee submitted that the retention money which was payable after expiry of plant performance guarantee period is over, did not accrue to it on the supply of plant / equipment, hence the same cannot be considered as income of the assessee as the amount did not accrue or become due at that time.

Depreciation on Goodwill is Allowed or not?

June 25, 2015 20172 Views 0 comment Print

By plain reading the words ‘any other business or commercial rights of similar nature’ in clause (b) of Explanation 3 to section 32 indicates that goodwill would fall under the expression ‘any other business or commercial right of a similar nature’.

Testing and Consultancy Services provided for a fees without profit motive not falls within the ambit of Section 2(15)

June 22, 2015 1219 Views 0 comment Print

Assessee association was established with the main object of improving public transport system in the country and its objects as per memorandum of association clearly reveals that the objects of the assessee association are dedicated towards improving road safety standards

Consultancy services and Independent personal services in the context of a DTAA explained

June 18, 2015 10175 Views 0 comment Print

Since the income of CGS International and Marble Arts & Crafts can only be classified under Article 14 or Article 22 of the DTAA – both of which provide that the income shall be taxable in the State of residence (UAE)–the issue as to whether the services provided by the two UAE entities fall within the scope of professional services under Article 14 is irrelevant to the outcome of this case.

Is Loss from derivative trading is a speculation loss & can it be set-off against normal business profits

June 16, 2015 18415 Views 0 comment Print

In the present case, it is an admitted fact that the assessee was engaged in the business of dealing in shares & securities and has incurred loss from dealing in derivatives (shares futures). It is not the case of the AO that the share futures in which the assessee was dealing were not recorded in recognized Stock Exchange, the loss incurred by the assessee was also not disputed by the AO.

Sale proceeds of Flags on Women’s Day Pursuant to govt. order are capital receipts

June 12, 2015 763 Views 0 comment Print

Assessing Officer found that the assessee has received a sum of Rs. 29,03,109/- on account of sale of Women’s Day Flags and the same has been credited to the capital fund and he treated the same as revenue receipt. On Appeal Honourable ITAT has held that sale proceeds of flags on Women’s Day are in the nature of capital receipts.

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