Follow Us:

Judiciary

Addition for Difference between incomes in TDS certificate and declared in return

July 13, 2018 4152 Views 0 comment Print

ACIT Vs Rajiv Nayar (ITAT Delhi) The AO, based on TDS  information, assessed the corresponding professional income, on accrual basis, in the relevant year. Whereas the appellant’s contention is that since he has offered professional receipts for tax on cash/receipt basis as he follows cash system of accounting; therefore, charging of certain professional income on accrual […]

Amount received towards reimbursement of cost cannot be taxed

July 13, 2018 3894 Views 0 comment Print

Tribunal after going through the terms of the agreement has held that the reimbursement of cost cannot be considered to be part of fee for technical services, hence, is not taxable.

Addition for Bogus expenditure U/s. 69C justified on failure to prove rendition of services

July 13, 2018 3858 Views 0 comment Print

Where assessee had not proved actual rendition of the foundation services and also whether alleged service providers possessed necessary expertise and infrastructure to render the foundation services, AO was justified in making addition of payments made to them, under section 69C.

No addition in Section 153A assessment for unexplained share capital In absence of incriminating material

July 13, 2018 2358 Views 0 comment Print

In respect of assessments completed prior to date of search that have not abated, the scope of proceedings under section 153A has to be confined only to material found during search. As no material, whatsoever, was found in the course of search, question of making addition on account of unexplained share capital could not have been the subject-matter of proceedings under section 153A.

NOIDA authority is not Municipality and not eligible for exception U/s. 10(20)

July 13, 2018 10182 Views 0 comment Print

New Okhla Industrial Development Authority Vs CCIT (Supreme Court) Appellant namely ‘New Okhla Industrial Development Authority; claimed that he is covered by Clause (ii) of the Explanation to Section 10(2) i.e. Municipality as referred to in clause (e) of Article 243P of the Constitution. We, while discussing above provisions, have already held that the appellant […]

SSI service tax exemption option cannot be availed from middle of the year

July 13, 2018 1527 Views 0 comment Print

As per the exemption Notification No. 6/2005-ST dated 01.03.2005, there is a condition which is to be complied with by the service provider and as per the condition, the provider of taxable service has an option not to avail the exemption and such exemption once exercised in a financial year, shall not be withdrawn during the remaining part of the year.

ITAT explains law related to TDS on commission paid to non-resident agents

July 13, 2018 10860 Views 0 comment Print

This appeal by the Revenue is directed against the Order of the Ld. Commissioner of Income Tax (Appeals)-XII, New Delhi dated 28.5.2014 pertaining to assessment year 2011-12 on the following grounds

Transfer of an undertaking in consideration of allotment of shares is exchange not sale

July 12, 2018 8964 Views 0 comment Print

Challenging the order,dated 16/02/2015,of CIT(A)-51,Mumbai, the assessee has filed the present appeal.Assessee-company,engaged in the business of manufacturing of aluminium caps, metal containers,petrochemicals etc., filed its return of income on 15/11/2007,declaring total income at Rs.NIL

Addition U/s. 68 rw section 56: Addition for share premium in excess of Fair Value

July 12, 2018 3279 Views 0 comment Print

Sunrise Academy of Medical Specialities (India) (P.) Ltd Vs  ITO (Kerala High Court) (DB)  Any premium received by a Company on sale of shares, in excess of its face value; if the Company is not one in which the public has substantial interest, would be treated as income from other sources, as seen from Section […]

S. 254(2) Tribunal cannot condone delay in filing MA but HC can

July 12, 2018 3648 Views 0 comment Print

Though the Tribunal has no power u/s 254(2) to condone delay in filing the MA, the High Court has power under Articles 226 and 227 of the Constitution of India to do substantial justice by condoning the delay.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031