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Judiciary

Interest on NPA of NBFC cannot be taxed for mere crossholding of debtor

May 27, 2018 1467 Views 0 comment Print

CIT Vs. Brahmaputra Capital & Financial Services Ltd (Delhi High Court) The revenue argues that in respect of the three entities, the decision not to reflect revenue recognition, and treat the interest payable as NPA could not be allowed and the ITAT erred in holding that under RBI’s norms, the revenue recognition method adopted was […]

Section 35AB applies to both capital expenditure and revenue expenditure

May 27, 2018 7239 Views 0 comment Print

1. Section 35AB(1) : Obtaining of technical knowhow under a license would also amount to acquiring knowhow 2. Section 35AB: Making of lumpsum payment in 3 installments would not make the payment any less a lumpsum payment 3. Expenditure on knowhow which is used for the purposes of carrying on business would stand covered by Section 35AB of the Act

Interest received from debtors for late payment of sale proceeds eligible for Deduction U/s. 80-IC

May 27, 2018 7176 Views 0 comment Print

Interest received from debtors for late payment of sale proceeds partakes the character of sale proceeds, and therefore, assessee was eligible for deduction under section 80-IC in respect of such interest.

Registration U/s. 12AA cannot be denied if trust activities are genuine and in consonance with objects of trust or institution

May 27, 2018 2151 Views 0 comment Print

Income Tax Appellate Tribunal, Lucknow bench recently held that the charitable nature of the activities of a society cannot be suspected as the same was within its objects as given in the bye-laws.

Reason for reassessment without application of mind if it not specifies that accommodation entries were taken or provided

May 26, 2018 1863 Views 0 comment Print

Challenging the order of the learned Commissioner of Income-tax (Appeals)-IX, New Delhi (for short hereinafter called as “the learned CIT (A)’) in Appeal No.119 of 2011-12 dated 13.08.2014, assessee preferred this appeal.

Purchases cannot be treated as bogus if supplier admits genuineness of transaction

May 26, 2018 5541 Views 0 comment Print

We find that DJ had admitted of issuing bogus bills.But, nowhere he had admitted that he had issued accommodation bills to the assessee. In our opinion, there is subtle but very important difference in issuing bogus bills and issuing accommodation bills to a particular party

While granting Approval for scrutiny assessment U/s. 143(3) CIT need not record separate reasons

May 26, 2018 4107 Views 0 comment Print

When the CIT is satisfied with the reasons given by the Assessing Officer, he in not once again give separate reasons or repeat the reasons recorded by the Assessing Officer and then give his approval for the same.

TDS not deductible on Sim Card & recharge coupon discount

May 26, 2018 1935 Views 0 comment Print

ITO Vs Tarun Sales (ITAT Delhi) ITAT held that Since no dealer or sub-dealer was appointed either by BSNL or by the assessee, for the purpose of marketing the products and/or service of the BSNL, the entire sales were to customers, either directly or through shopkeepers, who rendered services to the customers. The entire sales […]

Interest free loan received prior to construction of Property cannot be added to annual value

May 26, 2018 1629 Views 0 comment Print

That on the facts and circumstances of the case and in law the Ld. CIT(A) erred in deleting the addition made by the Aa in treating the income of Rs. 12,00,000/- received towards service charges under the head ‘income from house property

Even part performance of contract in case of JDA attracts capital gain tax

May 26, 2018 2277 Views 0 comment Print

These are two appeals by two assessees against the orders of the Commissioner of Income Tax (Appeals)-5, Hyderabad, for the AY. 2009-10. Since common issues are involved in both of these appeals, these are heard together and decided by this common order

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