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Judiciary

Scholarship paid for pursuing studies abroad is Charitable Expense

March 27, 2017 2580 Views 0 comment Print

Payment of Scholarship by Charitable Trust for pursuing Engineering course from University of California, Los Angeles, USA in accordance with its objects is ‘Charitable Expenditure

Registration U/s. 12AA cannot be denied for mere non filing of Return

March 27, 2017 2154 Views 0 comment Print

Advocate Akhilesh Kumar Sah Just because the assessee has not filed income tax returns in earlier years, it can not be said that the activities of the assessee of the charitable trust / society were not genuine and grant of the registration under section 12AA cannot be denied

No disallowance U/s. 14A unless Assessee earns exempt Income during relevant previous year

March 26, 2017 3930 Views 0 comment Print

ITAT followed Delhi High Court in Cheminvest and held that, unless during the relevant previous year, assessee earns any exempt income no disallowance under section 14A r/w rule 8D can be made.

Cost incurred in abandoned projects should be allowed : ITAT Mumbai

March 26, 2017 1830 Views 0 comment Print

In CBDT circular no.16 of 6th October 2015, the Board has clearly stated that cost incurred in abandoned projects should be allowed as revenue expenditure under section 37 of the Act.

Property holding period should be computed from Allotment Letter date

March 26, 2017 6627 Views 0 comment Print

This appeal has been filed by the assessee against the order of the Commissioner of Income-tax (Appeals)-32 [hereinafter called CIT(A)]02-0-2015 passed against the assessment order of the AO u/s 143(3) dated 23-12-2013 for A.Y. 201-12 on the following grounds

Mere voluntary disclosure does not release assessee from penalty

March 26, 2017 3498 Views 0 comment Print

Apex Court in MAK Data P. Ltd., v/s. Commissioner of Income Tax 358 ITR 593, that voluntary disclosure itself does not release the assessee from penal consequences.

S. 10A Deduct Foreign currency Expenses from Export /Total Turnover

March 24, 2017 2127 Views 0 comment Print

Insurance & Travelling Expenses incurred in Foreign Currency needs to be Excluded from both Export and Total Turnover for the purpose of section 10A Calculations

Provisions for gratuity actually accrued during the year is allowable

March 24, 2017 161154 Views 1 comment Print

Provisions contained in section 40A(7)(b) that provision made by the assessee for the purpose of payment of any gratuity, that has become payable during the year is allowable which means that the liability which has actually accrued during the year is allowable.

No Benefit under IDS 2016 if Search initiated after launching of scheme

March 24, 2017 1122 Views 0 comment Print

Court be very slow in interpreting the statutes where intention legislature is to curb the evasion of tax. This is a peculiar where the Government has granted the benefit under the only to the persons who are not covered under Section and other proceedings.

CCI order against CIL and subsidiaries for abusing dominant position

March 24, 2017 1617 Views 0 comment Print

Competition Commission of India (CCI) has found Coal India Limited (CIL) and its subsidiaries to be in contravention of the provisions of Section 4(2)(a)(i) of the Competition Act, 2002 for imposing unfair/ discriminatory conditions in Fuel Supply Agreements (FSAs) with the power producers for supply of non-coking coal.

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