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Judiciary

Exemption to State Cricket Association cannot be denied for providing stadium to conduct matches

May 31, 2017 2514 Views 0 comment Print

Whether the activity of conducting one-day matches’T-20 matches and Indian Premier League matches by Tamil Nadu Cricket Association would amount to doing business or trade?

No Disallowance U/s. 14A if no expenditure incurred to earn exempt income; ITAT Restores file to AO

May 31, 2017 2241 Views 1 comment Print

Vision EL Tech & Services (P.) Ltd. Vs DCIT (ITAT Bangalore) From the details filed it is observed that there are several instances of fresh investment as well as sale of investment in shares, evidencing frequent movement in the assessee’s investment portfolio and accordingly it cannot be accepted that no expenditure has been incurred by […]

Expense on PF in respect of Contractual Labors is allowable

May 31, 2017 4923 Views 0 comment Print

Assessee is not in a position to recover the amounts paid as provident fund contribution for the respective contract laborers, or considering the business exigencies when the Assessee bears the expenses on account of Provident Fund contribution, then whether in such a situation the expenses can be disallowed?

Deduction U/s. 54 allowable on sale consideration invested one year before sale of property

May 31, 2017 2913 Views 0 comment Print

In this case, the investment was admittedly made one year before the date of sale of property. In view of language employed by Parliament in section 54 of the Act, it is not the requirement that the sale consideration has to be invested in purchase of property.

Section 40A(3): Cash Payment- Person means individual truck driver

May 31, 2017 27246 Views 0 comment Print

Where assessee had sufficiently explained the circumstances under which the payments were made to the truck drivers in cash, for transport of items and no doubt was raised over genuineness of the payments and the payees were identifiable; no dis allowance under section. 40A(3) was warranted.

Section 263 Revision Order passed without issuing notice is void ab-initio

May 31, 2017 2508 Views 0 comment Print

Opportunity of being heard is little more than serving a notice on assessee. It is not an empty formality. Without giving a proper opportunity to assessee, revision proceedings u/s. 263 cannot be finalized as the provisions of Section 263 mandates that the CIT may pass such orders after giving an opportunity of being heard. Since […]

Section 80IB Security guards to be counted in list of workers

May 31, 2017 1566 Views 0 comment Print

In ACIT v. Tripti Menthol Industries, the ITAT, Ahmedabad bench held that Security Guards employed by the assessee-unit must be considered as part of the workers engaged in the manufacturing process for the purpose of giving benefit under Section 80IB(2)(iv) of the Income Tax Act.

Input services used for providing output service not disqualified on the basis that the same had only peripheral connection with output service

May 31, 2017 4110 Views 0 comment Print

These are 11 appeals filed by the Revenue against various impugned orders. As the issue involved in all these appeals are similar and the respondent is same, we take up all these appeals together for disposal. The respondents are registered with the Department for service tax purposes. They have filed refund claims under rule 5 of Cenvat Credit Rules, 2004 readwith Notification No. 5/2006-CE (NT) dated 14-3-2006.

Credit Society eligible for Sec. 80P deduction on Interest on idle fund

May 31, 2017 3648 Views 0 comment Print

When the amount which was deposited in the bank was not an amount due to members and it was not the liability of the society to the members then the interest earned from the deposits in the bank was held to be eligible for deduction under Section 80P (1) as well as 80P(2)(a)(i) of the Act.

No bar Under OECD to provide document relied to Appellant; Mere showing of document not sufficient

May 31, 2017 957 Views 0 comment Print

High Court held that to say that the person being prosecuted or proceeded against can only be ‘shown’ such documents, but not provided copies thereof is untenable even on a plain reading of Article 26 (2) of the OECD Model Convention.

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