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Judiciary

Explanation to Section 164 for determination of beneficiary share

February 1, 2017 29004 Views 0 comment Print

By no interpretative process the explanation to Section 164 of the Act, which is pressed in service can be read for determinability of the shares of the beneficiary with the quantum on the date when the Trust deed is executed and the second reason is that the real test is the determinability of the shares […]

No Taxability under Income Tax Provisions if no tax under respective DTAA

January 31, 2017 7011 Views 0 comment Print

Recently, in DCIT vs. Ford India Limited & vice-versa[I.T.A. Nos. 673 and 840 /Chny/2015 and I.T.A. Nos. 748 and 749 /Chny/2015, A.Y. 2011-12 and 2012-13, decided on 31.01.2017], one of the question raised before ITAT, Chennai was whether CIT(A) erred in deleting the tax

Exemption U/s. 54F cannot be denied merely because capital asset was purchased in individual name of coparcener of HUF

January 31, 2017 9459 Views 0 comment Print

Shri K. Balasubramanian, the learned representative for the assessee submitted that the assessee HUF, sold 122.840 carat of diamonds on 2-1-2012 for a total consideration of Rs. 57,12,060. The long-term capital gain computed at Rs. 42,65,619. According to the learned representative, there was no dispute about sale of diamonds and the computation of long-term capital gain at Rs. 42,65,619.

District-level Caste Scrutiny Committee had no jurisdiction to revoke caste-status

January 31, 2017 7248 Views 0 comment Print

This petition is directed against the order Annexure P-32 whereby the District Level Caste Scrutiny Committee has revoked the caste certificate issued in favour of the petitioner on 10-10-1991 by the Collector, Durg, holding that she does not belong to Scheduled Tribe as notified and therefore she is not entitled for the caste certificate.

ITAT directs to establish relationship with income of expenses claimed by Parthiv Patel

January 31, 2017 1956 Views 0 comment Print

Assessing Officer nor the CIT(A) has sought to establish a direct nexus between assessees professional income from playing cricket along with his expenditure in question claimed u/s.37 of the Act.

Section 54F exemption on investment out of borrowed funds, in the name of Karta by HUF & On Renovation of Existing Unit

January 31, 2017 16062 Views 0 comment Print

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) – 13, Chennai dated 15.09.2016 and pertains to the assessment year 2012-13.

Sec 54EC exemption on advance invested before Final Sale?

January 31, 2017 3750 Views 0 comment Print

Where An Assessee Makes Investment In The Specified Bonds On Receipt Of Advance As Per An Agreement To Sale, Whether He Is Entitled To Claim The Benefit Under Section 54EC Of The Income Tax Act, 1961? Yes

No temporary enrollment for Advocate under Advocacy Act: Gujarat HC

January 30, 2017 3642 Views 0 comment Print

An advocate who is in full time employment or full time salaried employee of any firm, corporation or concern could not be entitled to get certificate of practice as long as he/she continues to employment. A professional has to follow the rules and regulations in order to maintain the dignity and standards of legal profession.

Interest Expenses can’t be disallowed if Assessee had enough Own Funds

January 29, 2017 2964 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently held that interest expenses can’t be disallowed when assessee had own funds which was more than the investments yielded tax free income.

Mark to Market Losses cannot be disallowed unless incurred in respect of speculative contracts

January 28, 2017 2538 Views 0 comment Print

HC held that mark to market loss in respect of forward contracts claimed as loss from business income cannot be disallowed as the forward contracts were secured for to cover variation in foreign exchange rate which would impact its business of import and export of diamonds.

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