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Judiciary

Section 43B: Municipal Tax Arrears allowable in the year of payment

November 30, 2017 13935 Views 0 comment Print

ITO Vs. Sudhir Satnaniwala (ITAT Kolkata) It is observed that the deduction claimed by the assessee on payment of municipal tax arrears was disallowed by the A.O. on the ground that the said expenditure pertained to the earlier years and the assessee was not liable to pay the same. Since the corresponding rental income received […]

Penalty justified for failure to Prove Genuineness of Cash Deposits

November 30, 2017 2433 Views 0 comment Print

Mrs. Ramesh K. Patel C/o. Vs ITO (ITAT Ahmedabad) It is come on record that the assessee has not filed even a single satisfactory documentary or oral evidence or confirmation to the satisfaction of the lower authorities so as to prove genuineness of the above two cash deposits. We therefore quoting Hon’ble Apex Court’s judgment […]

Addition based on unauthentic / Unsigned Swiss bank statement U/s. 68 not sustainable

November 30, 2017 2142 Views 0 comment Print

AO relied on copies of certain bank statement not bearing any signature of bank official–Authenticity of documents in question Where AO relying on certain loose papers, which were the copies of the bank statement not bearing any signature of the bank official, or the name of the bank or the place or the country where the branch was situated, made addition under section 68 as undisclosed income of assessee in Swiss bank, AO was not justified since the information was not obtained from Swiss bank and documents relied on were not authentic.

Merely Playing Rummy with Small Stakes in a Club not makes it Gambling

November 30, 2017 2694 Views 0 comment Print

Merely because a card game of rummy was played in the club premises with small stakes from a few annas to some rupees would not make it gambling as held by the Supreme Court in the judgment in the case of State of Andhra Pradesh Vs. K. Satyanarayana & Ors. AIR 1968 SC 825

Interest on borrowing not allowable u/s. 36(1)(iii) if not used for business purpose

November 29, 2017 2646 Views 0 comment Print

JCIT (Asst.) Vs. M/s. Bharath Beedi Works Ltd. (ITAT Bangalore) Objection of the AO is that  borrowing from Directors and shareholders is not for business purpose. The AO has noted that even as per the assessee’s contention, if the assessee had an intention of starting a branch in Orissa, the same appears to have remained […]

No Penalty for Short-Deduction of TDS due to bonafide confusion

November 29, 2017 8262 Views 0 comment Print

While allowing the appeal filed by the assessee Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently declared that penalty under Section 271C of the Income Tax Act would not attract when there is a short deduction of tax due to bonafied confusion.

BCCI guilty of abusing its dominant position; CCI Imposes penalty for Anti-Competitive conduct

November 29, 2017 5181 Views 0 comment Print

Competition Commission of India (CCI) issues order against Board of Control for Cricket in India (BCCI) for abuse of dominant position for imposing restriction that deny access to the market for organization of Professional Domestic Cricket League/ Events; Imposes penalty of Rs. 52.24 crore on BCCI for the Anti-Competitive conduct.

Section 80-IB(10): Open terrace area excluded by Local Authority from working of built-up area cannot be included by revenue

November 29, 2017 1737 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Chennai, on Wednesday, brought in further clarity to one of its previous orders regarding the inclusiveness of private open terrace in build-up area of a flat, for the purpose of deductions as per Section 80-IB(10) of the Income Tax Act.

Sec. 43B: Amusement Tax paid before due date of Filing Income Tax Return is eligible for deduction

November 29, 2017 1134 Views 0 comment Print

The Kolkata bench of Income Tax Appellate Tribunal recently ruled that Amusement Tax paid before the due date of filing of Income Tax Return is eligible for deduction under the Income tax Act, 1961.

Donation by assessee trust to a university approved U/s. 10(23C)(vi) is for charitable purpose & eligible for section 11 exemption

November 29, 2017 1572 Views 0 comment Print

We are of the view that donation given by assessee trust to a university approved under section 10(23C)(vi) is for charitable purpose subject to verification of the basic information which were not available on record, as per Ld. DR, such as:(i) Property from which the rental income of the trust has derived, that is rental agreement and assessee`s Trust entitlement to receive rental income.

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