Follow Us:

Judiciary

Rule 8D not applicable if AO not recorded dis-satisfaction with correctness of claim of assessee

February 9, 2018 1782 Views 0 comment Print

Pr. CIT Vs. Reliance Capital Asset Management Ltd. (Bombay High Court) The assessing officer did not specifically record that he is not satisfied with the correctness of the claim of the assessee in respect of the expenditure in relation to the income which does not form part of the total income under the Act. However, […]

Section 115JB benefit cannot be denied to a corporation for mistake of official in Return

February 9, 2018 966 Views 0 comment Print

The statutory benefit accruing to the Corporation by virtue of Section 115JB cannot be denied and in doing so, the learned Tribunal has not committed any error and we find no substantial question of law, warranting reconsideration.

Mere Issue of 2nd notice U/s. 148 does not constitute Change of Opinion; AO can examine genuineness of share premium U/s 68

February 9, 2018 1488 Views 0 comment Print

The assessee, a company stated to be engaged in Real Estate business, filed its return of income for Assessment Year 2008-09 on 30.09.2008 declaring loss of (-) Rs.6,84,051. The assessee filed a revised return on 14.10.2008 declaring loss of (-) Rs.5,23,751. The revised return was processed under Section 143(1) of the Income Tax Act

Penalty U/s. 271C cannot be imposed for updation error in software

February 9, 2018 2715 Views 0 comment Print

Assessee cannot be considered as having done willful neglect for non-compliance of the TDS provisions. This is just a technical mistake and, accordingly, the assessee cannot be held to be an assessee in default and no penalty can be imposed.

Sec. 54 Cost of residential house includes cost of furniture if it forms part of house Purchase

February 9, 2018 36630 Views 1 comment Print

It could not have been open to the authorities below to treat the payment of Rs 18,00,000 on account of furniture and fixtures on standalone basis, and thus exclude it as a separate item rather than as a cost of the residential house so purchased. In our considered view, therefore, the assessee is entitled to deduction under section 54F by treating entire amount of Rs 78,00000 as the “cost of the residential house” purchased within specified time limit under section 54.

Deduction U/s. 54 despite non completion of Flat Construction by developer

February 8, 2018 9417 Views 1 comment Print

This appeal of the revenue is directed against the order of the Commissioner (Appeals)-9, Chennai, dated 30-5-2017 and pertains to assessment year 2013-14.

Disallowance justified for non deduction of TDS on Provision for Audit Fees

February 8, 2018 13251 Views 0 comment Print

Since assessee had made provision for audit fees to account of payee, provisions of section 194J were clearly attracted and non-deduction of tax at source would automatically invite disallowance under section 40(a)(ia).

No excise on supply of various bought-out electrical items and accessories as BPL Kits

February 8, 2018 1365 Views 0 comment Print

Quashing the demand of excise duty on the activity of providing BPL Kits, the Delhi bench of the CESTAT observed that to levy central excise duty on any goods, the same should have been produced or manufactured in India.

Sec. 292 cannot cure mistake of sending notice in the Name of Deceased Assessee

February 8, 2018 1737 Views 0 comment Print

ITO Vs. Late Sh. Ram Kumar (ITAT Delhi) It is observed from the assessment order passed by Ld. AO that Ld. AO was well informed regarding the demise of assessee. He was supposed to bring the legal heirs on record as per the details submitted before him during assessment proceedings itself. Once the non-existence of […]

Amount paid to RMCs for Foreign Currency Purchase cannot be treated as Commission liable to TDS

February 8, 2018 6507 Views 0 comment Print

DCIT Vs. M/s. Cox & Kings (I) Ltd. (ITAT Mumbai) Assessee has a foreign exchange division approved by the RBI and is authorized to buy foreign exchange and travelers cheques from RMCs and others and sell them to persons in need of them. RMCs are also authorized by RBI to buy foreign currency from non […]

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