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Judiciary

Land Purchased for establishing a university – Section 11 Exemption Allowed

June 28, 2020 2964 Views 0 comment Print

Whether the AO was correct in denying the exemption u/s 11 to the assessee against Purchase of Land and FLAT in preparation to establishing a university and not in the nature of any ‘real estate’ operation ?

No Section 234B Interest for Advance Tax Shortfall due to Retrospective Amendment

June 28, 2020 2379 Views 0 comment Print

Whether the interest u/s 234B for less payment of advance tax will be levied on account of additions made to total income, consequent to retrospective amendment?

No Section 194J TDS on IUC charges paid by Telecom Operators

June 27, 2020 7941 Views 0 comment Print

Whether interconnection usages charges (IUC) is in the nature of fees for technical services and whether the assessee is liable for TDS under section 194J of Income Tax Act, 1961?

Seize ₹ 3.83 Cr from Dynamatic CEO in Insider Trading case: SEBI

June 27, 2020 1452 Views 0 comment Print

Dr. Udayant Malhoutra Vs SEBI (Securities Appellate Tribunal, Mumbai) 1. The present appeal has been filed against an ex-parte order dated June 15, 2020 passed by the Whole Time Member (‘WTM’ for short) of Securities and Exchange Board of India (‘SEBI’ for short) directing the appellant to deposit a sum of Rs. 2,66,59,215/-plus interest till […]

Section 194H TDS not applies on Bank Guarantee Commission

June 27, 2020 8037 Views 0 comment Print

The issue under consideration is whether TDS under section 194H is applicable from payment of bank guarantee commission to the bank?

Section 148- Revenue cannot travel beyond reasons recorded & same cannot be supplemented at the Later stage

June 27, 2020 6816 Views 0 comment Print

Gateway Leaisng Pvt Ltd Vs ACIT (Bombay High Court) Section 148- Revenue cannot travel beyond reasons recorded & same cannot be supplemented at the Later stage. Reasons which are recorded by the Assessing Officer for re-opening an assessment are the only reasons which can be considered when the formation of the belief is impugned; such […]

HC differentiate between ‘Resignation’ & ‘Voluntary Retirement’

June 26, 2020 20076 Views 2 comments Print

Asha Ram Suryavanshi Vs Chhattisgarh Gramin Bank (Chhattisgarh High Court) There is a clear distinction between the term ‘Resignation’ and ‘Voluntary Retirement’. The reasons in the application for voluntary retirement cannot be construed by the management of it being an application for resignation from service. The management/employer cannot give its own interpretation to an application […]

Payment of expense for marketing ‘Marriott / Rennaisance’ brands is Royalty

June 26, 2020 2319 Views 0 comment Print

Marriot International Inc. Vs DDIT-International Taxation (ITAT Mumbai) In the instant case, the assessee has undertaken the job of marketing the “Marriott / Rennaisance” brands. There is no doubt that the assessee company belongs to Marriott group. Further the claim of the assessee that it was undertaking the marketing work on cost to cost basis […]

Inquiry into Factual Situation required to determine Section 80P Deduction Eligibility

June 26, 2020 1119 Views 0 comment Print

The issue under consideration is whether the AO need to conduct an Inquiry into Factual Situation as to activities of assessee society to determine eligibility of deduction u/s 80P?

Section 195 TDS applicable only when amount is chargeable to tax in the hands of recipient

June 26, 2020 2982 Views 0 comment Print

C.U.Inspections (I) Pvt. Ltd Vs DCIT (ITAT Mumbai) Mere fact that the payment in question is not reimbursement of expenses to the holding company would not per se expose the expenditure to disallowance u/s 40(a)(ia) of the Act. It has been noticed supra that the disallowance u/s 40(a)(ia) is activated when there is failure on […]

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