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Judiciary

Construction companies in ancillary manufacturing can claim S. 80HH & 80I deduction

July 5, 2016 1654 Views 0 comment Print

Deduction u/s 80HH of the Act in respect of profit and gains from newly established industrial undertaking in backward areas would be given subject to fulfillment of certain conditions as provided in sub section (2) of the said provision. In the case in hand it is not the case of the AO that the assessee […]

Pre-School falls in the term 'education' as envisaged u/s 2(15)

July 5, 2016 4843 Views 0 comment Print

The education has got different meaning, purpose or object for each person depending upon its position and background. We have education of various types e.g. Pre-schooling, schooling, higher education, professional education, vocational training, professions training etc etc.

Revenue cannot ignore approval granted by prescribed authority to deny deduction

July 3, 2016 1477 Views 0 comment Print

High Court held that once the approval is granted by the prescribed authority and such approval is valid, it would no longer be open for the Assessing Officer to verify the satisfaction of the conditions prescribed under rule 18DA in order to refuse deduction under sub­section(8A) of section 80­IB of the Act.

Security deposit forfeited against outstanding rent is allowable

July 3, 2016 9055 Views 0 comment Print

The AO while completing the assessment disallowed the write off of security deposit treating it as capital deposit and by observing that it cannot partake the nature of revenue expenditure. He also observed that this deposit was not offered as income in the books of account and the transaction of passing security deposit is a capital transaction and does not qualify the basic condition that it was credited as income in the past.

All surrounding circumstances to a transaction is to be examined by AO in deciding genuineness of a claim

July 2, 2016 2242 Views 0 comment Print

The ITAT Mumbai in the above cited case held that the surrounding circumstances and human probabilities attached to a transaction should be examined by considering the transactions as a whole. Therefore, AO cannot decide the geniuses only finding some unusual things but also bound to examine the things which are indicating that the claim of assessee may be genuine.

Addition u/s. 68 justified for Capital introduced by partner in assessee firm from sale of agricultural land with No documentary evidence to substantiate sale

July 1, 2016 7140 Views 0 comment Print

AO cannot look into source of source, i.e., of third party only, however assessee’s case was different as the party was closely connected with the assessee. Firm as a partner thereof assessee clearly failed to produce the sale deeds of the sale of agricultural land by partner therefore was justified in making addition under section 68.

No Service Tax on Dada for writing articles, anchoring TV shows, playing IPL matches & Brand Endorsement

June 30, 2016 8347 Views 0 comment Print

The petitioner is a cricketer and is a former captain of the Indian Cricket Team. He participated in the IPL Cricket tournament held in India as a member of the Kolkata Knight Rider Team. At all material times he acted and still acts as brand ambassador for various products. He also acted as anchor in […]

CIT cannot revise assessment for issues already examined by AO

June 28, 2016 3496 Views 0 comment Print

ITAT Mumbai held that CIT cannot revise assessment for making afresh examination of an issue already examined by the AO who has taken one of the possible views because there has been no erroneous order which could ordered to be revised.

Cash credit account cannot be provisionally attached: Gujarat HC

June 27, 2016 4293 Views 0 comment Print

Kaneria Granito Ltd Vs ACIT (Gujarat High Court) In this case, admittedly, all the three bank accounts were in the nature of either the cash credit account or term loan account. In other words, the accounts were opened to enable the assessee to borrow the money from the bank for the purpose of its business. […]

Can Non Resident Assessee avail 10% Tax rate on LTCG?

June 26, 2016 4192 Views 0 comment Print

The assessee had applied tax rate of 10% in the terms of the proviso to section 112(1) of the Income Tax Act. However, the AO has applied tax rate of 20% as the proviso below section 112(1)(c) was not applicable in the case of non-residents.

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