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Judiciary

Income from services rendered in connection with domain name registration is assessable as royalty Income

May 24, 2018 5763 Views 0 comment Print

Rendering of services for domain registration is rendering of services in connection with the use of an intangible property which is similar to trademark. Therefore, the charges received by the assessee for services rendered in respect of domain name is royalty within the meaning of Clause (vi) read with Clause (iii) of Explanation 2 to Section 9(1) of Income-tax Act.

Applicability of concessional rate of 10% U/s. 115E on Sale of Bonus Share

May 24, 2018 3333 Views 0 comment Print

Bonus shares issued on original shares by investing convertible foreign exchange were also foreign exchange asset under section 115E. Therefore, the shares sold by the assessee have mightly treated as long-term capital assets and being the assets acquired by way of foreign exchange fell within the definition of foreign exchange asset under section 115E(b). Hence, the assessee was eligible for a concessional rate of 10% under section 115E.

ITAT on Calculation of Month for Interest on delay in payment of TDS

May 24, 2018 2538 Views 0 comment Print

Assessee’s contention for levy of interest for the second month could arise only if the period of time between the date on which tax was deducted and the date on which tax was paid to the Government exceeds one month, was justified. Thus, AO was directed to re-compute the levy of interest under section 201(1A) accordingly.

Entertainment tax subsidy to meet cost of Multiplex Theater building and Machine is Capital Receipt

May 24, 2018 3252 Views 0 comment Print

All the appeals by the Revenue are directed against different orders of the Ld. CIT(A)- 1, Dehradun, dated 06th February, 2014, for the A.Ys. 2009-2010, 2010-2011 and 2008- 2009.

Dealer need not deduct TDS on Commission directly paid by Mobile Operator to Retailers

May 24, 2018 6678 Views 0 comment Print

The assessee is an Individual and engaged in the business of trading in mobile and accessories including SIM card, pre-paid card etc. During the course of assessment proceedings, the AO noted that the assessee has shown the payment of commission of Rs. 16,41,989/- under section 40(a)(ia) of the Act without deduction of TDS

Addition on the basis of dumb/bald documents not sustainable

May 24, 2018 1926 Views 0 comment Print

This appeal filed by the assessee against the order of the Ld. CIT(A)-XXVI, New Delhi dated 21.8.2017 and pertains to assessment year 2009-10.

ITAT on Addition for difference in TDS Certificate and Return Amount to Income of Assessee following cash method of accounting

May 24, 2018 2472 Views 0 comment Print

ACIT Vs. Rajiv Nayar (ITAT Delhi) The brief facts of the case are that appellant is a senior Advocate of Hon’ble Delhi High Court. He filed his return of income on 30.07.2009 at Rs. 10,77,55,060/-. During the course of assessment proceedings it was found by the ld AO that the TDS certificates shows higher gross […]

Ignorance of law is not excuse and cannot be a ground to avoid tax liability

May 24, 2018 4743 Views 0 comment Print

Whirlpool of India Ltd. Vs. DCIT (ITAT Delhi) In the present case, there is admission on part of the assessee that the quantum of depreciation claim was incorrectly computed at enhanced cost. It is well settled principle that ignorance of law is not excused and cannot be a ground to avoid tax liability. The Assessee […]

Amount taxed by Settlement Commission in the hands of directors of assessee company cannot be taxed again in assessee’s hands

May 23, 2018 1521 Views 0 comment Print

These Tax Appeals involved two assessees but the facts being closely similar, the Income Tax Appellate Tribunal had dealt with the departments appeals by a common judgment, which is impugned in these Tax Appeals

Benefit of VCES 2013 cannot be denied for mere Technical Defects

May 23, 2018 1665 Views 0 comment Print

Declaration made by the petitioner under the Voluntary Compliance Encouragement Scheme, 2013 has been rejected in terms of the order impugned in the writ petition on the ground that they have not submitted the amended declaration in accordance with the procedure prescribed in Circular No. 170/5/2013-ST dated 8.8.2013. As per the said circular, in a […]

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