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Judiciary

Amendment U/s. 254(2): Six month time limit for rectification is Prospective

November 3, 2017 5451 Views 0 comment Print

The Amendment Under Section 254(2) In Respect Of Time Limit Of Six Months For Rectification Is Prospective And Applicable To The Orders Passed After 01.06.2016

Interest on loan cannot be allowed to be claimed against remuneration from Partnership firm

November 2, 2017 25107 Views 0 comment Print

Interest payment cannot be permitted to be deducted against the remuneration earned by the assessee. It was submitted that the assessee was a working partner of the firm and the income earned by the assessee has no correlation with the capital contribution made by the assessee.

Applicability of DTAA cannot be determined suo-moto by AO

November 2, 2017 1287 Views 0 comment Print

M/s. Google India Private Ltd. Vs. Addl. CIT (ITAT Bangalore); TDS on royalty payments under section 195(2): Applicability of DTAA cannot be determined suo-moto by AO without there being any application

Section 271AAA(2) nowhere mandates offering of undisclosed income in return of income

November 1, 2017 2103 Views 0 comment Print

Income declared cannot be called retraced if same was included in 2nd revised return but not in Original and First Revise Return further Sec. 271AAA(2) not mandates offering of undisclosed income in return of income.

Society allowing Loan to non-members cannot claim deduction U/s. 80P

October 31, 2017 4359 Views 0 comment Print

The only issue in the present appeal is whether the respondent- assessee co-operative society is entitled for deduction u/s. 80P of the Act. The respondent- assessee is registered under the Karnataka Co-operative Societies Act. According to the respondent- assessee, the primary activity of the assessee is only to provide credit facilities to its members and therefore it is not a co-operative bank.

CBDT Circular prescribing Monetary Limit for filing Appeal has Retrospective Effect

October 31, 2017 11022 Views 0 comment Print

CIT Vs. M/s Gillette India Ltd. (Rajasthan High Court) Instant appeal is directed against order of the Income Tax Appellate Tribunal and indisputably the tax effect as brought to our notice, is less than Rs. 20 lac. A Circular No. 21/2015 has been issued by the Central Board of Direct Taxes dated 10.12.2015 in exercise […]

Shares acquired from overseas investors are also foreign exchange assets u/s 115E

October 31, 2017 1053 Views 0 comment Print

Sri Shashi Parvatha Reddy Vs DCIT (ITAT Hyderbad) Coming to the second category of shares i.e. the original and the bonus shares transferred to the assessee by the overseas investors without any cost attached to them, we find that the original shares were initially purchased or acquired by the overseas investors by way of inward […]

CCI finds conduct / practice of AIFEC in contravention of Competition Law

October 31, 2017 1542 Views 0 comment Print

The Competition Commission of India (CCI) has found All India Film Employees Confederation (AIFEC), Federation of Western India Cine Employees (FWICE) & its affiliates and three producer associations i.e. Indian Motion Picture Producers Association (IMPPA)

Invocation of rule 8D justified if exempt income is earned

October 30, 2017 828 Views 0 comment Print

Outsource Partners International (P.) Ltd. Vs DCIT (ITAT Bangalore) It was not a case where no exempted income is earned and AO applied rule 8D for as rule 8D of Income Tax Rules takes care of all aspects of interest bearing funds and interest free funds and expenditure incurred in management of portfolios, etc., once […]

GST Advance Ruling Authority cannot admit application on ‘place of supply’ issue

October 30, 2017 1830 Views 0 comment Print

In re M/s. Pon Pure Chemical India Pvt. Ltd. (AAR Gujarat) (i) Whether the authority is within jurisdiction to admit application especially on the issue of ‘place of supply’? As the ‘place of supply’ is not covered by Section 97(2) of the Acts, this authority is helpless to answer the questions raised in the application, […]

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