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Judiciary

Deduction u/s. 54F not available on unutilized consideration not deposited in specified accounts before due date

February 6, 2018 2220 Views 0 comment Print

Where assessee sold certain property and utilized a part of the consideration towards purchase of new house, however, failed to deposit unutilized consideration in specified accounts before due date under section 139(1), AO was justified in restricting deduction under section 54F proportionately.

GST regime is not tax friendly, observes Bombay High Court

February 6, 2018 3285 Views 1 comment Print

A tax like Goods and Services Tax was highly publicised and termed as popular. We had yet not seen a celebration of New Tax regime, but that has followed with great hue and cry. These celebrations mean nothing.

Compounding Fee not become illegal or arbitrary just because it exceeds principal and interest amount

February 6, 2018 8955 Views 0 comment Print

While upholding the compounding guidelines issued by the Central Board of Direct Taxes (CBDT), a division bench of the Delhi High Court held that the amount of compounding fee can be more than the principal amount if there is willful default in the payment of tax on the part of the assessee.

CIT cannot assess objects vis-a-vis donation at registration Stage

February 6, 2018 699 Views 0 comment Print

Section 12A of the Income Tax Act nowhere empowers the Commissioner of Income Tax to assess the objects vis-a-vis the donation received by the Charitable Trust in the first year of its establishment. At the stage of Section 12A the Commissioner is not to examine the application of income.

Taxability of Capital gain on Sale of booking rights of flat

February 6, 2018 15720 Views 0 comment Print

Miss Indira Vasanji Shah Vs. DCIT (ITAT Mumbai)  owners of the plot have authorised the developer to take the plot and the moment the assessee has booked the flat and flat has been allotted to the assessee, a valuable right has created. It is a capital asset and that right continued till the assessee entered […]

In computing taxable turnover Trade Discount needs to be deducted: SC

February 6, 2018 4800 Views 0 comment Print

We direct that in computing the taxable turnover for the relevant years, the appellant would be entitled to a deduction of the trade discount, following the parameters laid down in paragraph 40 of the judgment in Southern Motors (supra) and as explained above.

GST regime is not tax friendly & GST Website must provide easy access to Taxpayer: Bombay HC

February 6, 2018 16380 Views 9 comments Print

A tax like Goods and Services Tax was highly publicised and termed as popular. We had yet not seen a celebration of New Tax regime, but that has followed with great hue and cry. These celebrations mean nothing. The special sessions of Parliament or special or extraordinary meetings of Council would mean nothing to the assessees unless they obtain easy access to the website and portals.

Medical college collection Huge Capitation Fee as Anonymous Donations – HC disallows Tax exemption

February 5, 2018 1890 Views 0 comment Print

M/s Navodaya Education Trust Vs Sri. Sunki Rajender Reddy (Karnataka High Court) The petitioner – Trust in question having the cloak of an Educational Trust, to enjoy the exemption from Income Tax obtained the approval under Section 10(23-C) of the Act, was thoroughly misused and abused by the Trustees who appear to be Members of […]

Applicability of Section 50C on Transfer of property through transfer of shares in company

February 5, 2018 14940 Views 0 comment Print

On the facts and circumstanced of the case, the learned Commissioner (Appeals) has erred in law in deleting the addition of Rs. 2,21,09,600 holding that the provision of section 50C of the Income Tax Act, 1961 cannot be invoked in this case when there was a transfer of immovable property in view of the provisions of section 2(47)(vi) of the Income Tax Act, 1961

S. 32(1)(ii) Depreciation on non-compete fee as intangible assets: HC sends matter back to AO

February 5, 2018 2184 Views 0 comment Print

1. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in holding that Rule 8D cannot be invoked in the case of the assessee and in directing the A.O. to delete the addition of Rs.3,55,234/- made u/s 14A r.w.Rule 8D.

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