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Judiciary

Share of income received by University out of consultancy income earned by professors not entitled for exemption u/s 11

November 24, 2015 2199 Views 0 comment Print

ITAT Mumbai held In the case of The ACIT vs. Institute of Chemical Technology University of Mumbai that the consultancy work done by the assessee – University through its professors, in which part income is held by university and the rest lying with respective professors, is not in any way relatable to the aims and object for which the assessee was established.

Denying registration u/s 12AA by testing ancillary objects rather than main objects for their charitable nature is unfair

November 24, 2015 784 Views 0 comment Print

The ITAT Bangalore in the case of Nanda Gokula vs. CIT held that denial of registration u/s 12AA by the CIT by considering only the ancillary objects is unfair, because it is the main objects of the trust which are required to be tested for their charitable nature.

Excess of expenditure over trust’s income for a previous year can be claimed as income applied in subsequent previous year

November 24, 2015 7396 Views 0 comment Print

The ITAT Bangalore in the case of Karnataka Food and Civil Supplies Ltd. held that the excess expenditure incurred in earlier previous years can be set off against the income of trust for the current year as an application of income because Section 11(1)(a) does not contain any words of limitation

State Govt decision to not to recruit Teachers cannot be interfered

November 24, 2015 1116 Views 0 comment Print

Thus, the question involved in the present writ petitions has been considered by the Supreme Court in number of occasions clearly holding that a person whose name appears in the select list does not acquire any indefeasible right of appointment and empanelment at the best is a condition of eligibility for the purpose of appointment and by itself does not amount to selection or create a vested right to be appointed.

ITAT delete Addition for Low GP ratio calculated without considering Income disclosed during survey

November 24, 2015 1461 Views 0 comment Print

DCIT Vs Shri Jitendra Maganlal Shah (ITAT Ahemdabad) Assessee surrendered Rs.81,77,930/- during the course of survey proceedings covering the excess stock investment, expenses, etc. The assessee had declared a net profit @ 9.16% if the amount surrendered is taken into account

Wrong PAN in TDS Return- Assessee cannot be penalised if system do not allow PAN correction in TDS Return

November 23, 2015 12963 Views 0 comment Print

In the case of Oil & Natural Gas Corporation Ltd. Vs. DCIT CPC-TDS, assessee was required to deduct tax and has deducted TDS @ 2% of sum paid/credited to GETCO Ltd. but due to filing of wrong PAN of deductee it has been deemed as assessee in default and accordingly 18% of remaining

SACD refund is admissible, even if appropriate Sales Tax/VAT was less than SACD or Nil

November 22, 2015 6255 Views 0 comment Print

Customs Notification 102/97 Dt.14.09.2007 permitted importers to claim refund of Special Additional Customs Duty (SACD) paid on the imported goods, provided such imported goods are sold in the domestic market on payment of VAT/Sales Tax.

Printing of Newspaper amounts to production & manufacture

November 20, 2015 5276 Views 0 comment Print

Rajasthan Patrikia Pvt. Ltd. vs. ACIT- ITAT Jaipur held that newspapers and periodicals are distinct commodity than the paper, printing ink and other ingredients used therein. Since a new commercial product comes into existence

Agricultural land purchased without an adventure in the nature of trade is not a capital asset

November 20, 2015 1447 Views 0 comment Print

ITAT Chennai held in The ACIT Vs M/s Mansi Finance Chennai Ltd that if the agricultural land purchased by the assessee was not with an adventure in the nature of trade then that agricultural land could not be treated as a capital asset and liable for capital gain.

Depreciation should be considered for evaluating operating results of comparables

November 20, 2015 831 Views 0 comment Print

ITAT Hyderabad upholds AMD R&D’s plea on depreciation impact in transfer pricing. Infosys, L&T, Mindtree excluded. Get insights into the ruling.

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