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Judiciary

Income tax withheld abroad in respect of which no foreign tax credit is admissible, cannot be allowed U/s. 37(1)

April 16, 2017 3669 Views 0 comment Print

These cross appeals are directed against the order dated 29th December 2015 passed by the CIT(A) in the matter of assessment under section 143(3) of the Income Tax Act, 1961, for the assessment year 2012-13. Both of these appeals are being disposed of, as a matter of convenience, by this consolidated order.

Loss on money lent as share capital by finance company is ‘Revenue’ loss

April 16, 2017 1200 Views 0 comment Print

Where monies were advanced through the mechanism of equity participation, the intention of the lender – in the present case, the assessee, was to derive income rather than to increase its investment on the capital Such being the case, if there were profits, with the assessee/lender from the investment, it would properly lie in the Revenue side of income

Salary to partners as per deed and Income Tax Act cannot be disallowed

April 16, 2017 9288 Views 0 comment Print

Salary to the partner is being regulated by the provisions of section 40(b) of the Income Tax Act. It is to be paid in accordance with the provision stipulated in the deed which should be in commensurate with the provisions of section 40(b) of the Income Tax Act. On such salary payment, provisions of section 40 A(2) cannot be invoked.

No HRA Exemption on non genuine Rent Paid to Mother

April 16, 2017 6036 Views 1 comment Print

Assessee had claimed deduction u/s 10(13A) of 1961 Act which is a wrong claim as no rent was paid by the assessee and the said alleged rent of Rs. 31,500/- per month being paid to mother was shown only to take exemption of HRA u/s 10(13A) of 1961 Act.

Maintain E-Register of RTI Application & Disposal: Maharashtra CIC

April 16, 2017 1395 Views 0 comment Print

Chief Secretary,Govt of Maharashtra should create an online RTI register in every office which has a Public Information Officer and put on a single platform all the RTI applications filed in every office at every level where RTI applications are submitted and filed and also upload this information on the websites of Public Authorities so that Citizens can also access this vital information.

In Amalgamation waiver of Interest is to be Treated as Income: SC

April 13, 2017 2163 Views 1 comment Print

This appeal is preferred against judgement dated 05.04.2005 of the High Court of Karnataka whereby the appeal of Commissioner of Income Tax (Revenue) was allowed setting aside the order to the Income Tax Appellate Tribunal(ITAT) which had granted the benefit of provisions

Title in Immovable Property cannot Pass unless executed on Proper Stamp Paper

April 13, 2017 4230 Views 0 comment Print

Title In The Immovable Property Cannot Pass When Its Value Is More Than Rs.100 Unless It Is Executed On A Proper Stamp Paper And Is Also Duly Registered With The Sub-Registrar

Surplus generation from charitable activities did not dis-entitle assessee from registration U/s. 12A

April 13, 2017 1620 Views 0 comment Print

This appeal by the assessee is directed against the order of Commissioner of Income Tax -I, Pune dated 29-11-2013 rejecting the application of the assessee for grant of registration under section 12AA(1)(b)(ii) of the Income Tax Act, 1961 (hereinafter referred to as the Act).

No Penalty for non payment of service Tax if no willful suppression of facts to evade tax

April 12, 2017 16071 Views 1 comment Print

Court is of the considered opinion that there is no willful suppression of facts to evade tax on the part of the petitioner and it was bona fide on the part of the petitioner, it was not deliberate and in absence of finding relating to mensrea recorded by the Settlement Commission, the penalty imposed upon the petitioner under Section 78 of the Finance Act, 1994 deserves to be quashed.

Reopening for mere Mismatch Found with Dept Website not valid

April 11, 2017 10995 Views 0 comment Print

The respective Assessing Officers, either by themselves or on instructions from the Enforcement Wing officials have stated that there is mismatch of the details, disclosed in the returns compared with the details available with the Department.

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