Follow Us:

Judiciary

Books of account cannot be relied after rejection for making addition U/s. 69

November 29, 2017 2466 Views 0 comment Print

Hemant Kumar Pradhan Vs ITO (ITAT Cuttack) Original assessment u/s.143(3) of the Act was made by the AO by rejecting the books of accounts of the assessee and estimating the income of the assessee at 8% of the gross contract receipt of Rs. 49,10,212/-. It is trite law that once the books of accounts of […]

Surcharge and cess is to be calculated after deducting MAT credit u/s 115JAA from tax on assessed income

November 29, 2017 9711 Views 0 comment Print

ACIT Vs. Divi’s Laboratories Ltd. (ITAT Hyderabad) This appeal is filed by the Revenue against the order of CIT(A) – 5, Hyderabad dated 30/01/2016 relates to the AY 2012-13 wherein the revenue has raised the following grounds of appeal: “1. The ld. CIT(A) erred in holding that the surcharge and education cess is to be […]

Allowances Received by MLA from Legislative Assembly is Tax Exempt

November 29, 2017 18507 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Hyderabad on Wednesday ordered that the allowances received by a Member of Legislative Assembly is to be exempted from Income Tax.

In absence of business activities Interest on borrowed capital not allowable

November 29, 2017 2313 Views 1 comment Print

As no activity was undertaken by the assessee which could be said to be business activity, no deduction was allowable under section 36(1)(iii). Thus, AO was justified in disallowing the interest paid on borrowed capital to assessee.

Reimbursement of expense to Director by Company is not Taxable as Perquisite

November 29, 2017 39021 Views 0 comment Print

Gaurav Seksaria Vs. ITO (ITAT Kolkata) Reimbursement of expense incurred during foreign visit to Director by Company is not taxable as Perquisite  It is not in dispute that the assessee employee had not claimed any expenditure as deduction which were incurred by him through credit card during his foreign travel. He incurred expenses through credit […]

Penalty u/s 271C justified for non-deduction of TDS on non-compete fee with no reasonable cause for non-deduction

November 29, 2017 1407 Views 0 comment Print

Contention of the assessee that the non-compete fee is the business expenditure of the assessee has been upheld. The assessee has always contended that it is its business expenditure and therefore, it was required to deduct the tax at source u/s 194J of the Act. For failure to deduct the tax inspite of being liable to do so, the penalty u/s 271 C is clearly leviable.

Sect. 40(ba) will not be attracted in absence of Profit or remuneration to any JV member

November 29, 2017 2316 Views 0 comment Print

Since the assessee has not shown any profit nor paid any remuneration to any of the members, the provisions of section 40(ba) will not be attracted.

No Sales Tax Payable on Medical Equipment’s Imported by Hospital for ‘Own Use’

November 29, 2017 1155 Views 0 comment Print

In a recent ruling, the Madras High Court held that the hospital is not liable to pay Sales Tax under Tamil Nadu Value Added Tax Act in respect of import of medical equipments for its personal consumption.

Getting audit done & timely report submission by CA is duty of Assessee

November 29, 2017 3114 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently held that it is the responsibility of the assessee to ensure that the audited books are submitted in stipulated time and that Chartered Accountant (CA) does his job properly.

ITAT refuses plea of ‘Wrong Legal Opinion’ of Assessee being director of a Company

November 29, 2017 1152 Views 0 comment Print

It was the explanation of assessee that the legal opinion given by the Counsel that there is no capital gain on the STT paid transactions, was not accepted by AO stating that she is a promoter of a company and has a battery of legal advisors and her husband also has legal knowledge.

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