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Judiciary

Conditions to avail deduction u/s 80IB should be fulfilled only in initial A.Y not in every 10 years of deduction

July 30, 2015 2189 Views 0 comment Print

Punjab & Haryana High Court held in CIT Vs M/s Sunder Forging that to claim the deduction u/s 80IB for consecutive 10 years all the relevant conditions should be required to be fulfilled only in the initial assessment year

Reopening despite submission of all facts in relation to deduction claimed by assessee during original assessment is impermissible

July 30, 2015 961 Views 0 comment Print

The Assessing Officer had issued notice u/s 148 of IT act to reopen the assessment of the AY 2007-08 giving reasons to believe that there was non-disclosure of all facts with respect to deduction u/s 10A by the assessee and the assessee had taken the deduction without setting off the loss of one unit.

Registration u/s 12AA cannot be denied to an educational institute merely because it’s is been run by Christian community

July 30, 2015 893 Views 0 comment Print

Punjab & Haryana High Court held in Alexandera School Vs CIT, Amritsar that if an educational institute had been run by a particular section of community then registration u/s 12AA could not be denied provided it was running to benefit all sections of society.

Gift to be treated as genuine if identity of donors is genuine & source of gift stays explained

July 29, 2015 2063 Views 0 comment Print

In the impugned year the blood relation is not necessary for the gift to be a genuine gift, but the relationship matters a lot. In all the probabilities the gift is found to be genuine as the donors have explained the source of gift, copy of bank accounts, income tax return.

Factoring charges on sale cannot be termed as interest & not comes within the purview of section 2(28A)

July 29, 2015 5131 Views 0 comment Print

The Tribunal upheld the contention of the Assessee and also relied upon the judgment of the Hon’ble Calcutta High Court in the case of CIT vs. MKJ Enterprises which held that factoring charges were not interest and as such, provisions of TDS are not applicable.

TDS applicable on Karigar/ Embroidery charges but not on Purchase of Sarees

July 29, 2015 9887 Views 0 comment Print

The assessee is a dealer of sarees and AO while framing the assessment disallowed karigar /embroidery charges by invoking the provision of section 40(a)(ia) of the act for non-deduction of TDS u/s 194C of the Act.

Let-out Commercial Property is not to be considered as Asset for Wealth Tax purposes

July 29, 2015 2104 Views 0 comment Print

The Assessing Officer while computing the total wealth of the assessee added the value of the let-out properties i.e. godown and offices in the total wealth of the assessee for the purpose of calculating the wealth-tax.

If department alleges collection of taxes, then burden to prove the same also lies on it

July 29, 2015 2905 Views 0 comment Print

In the present case it appears that the Commissioner has assumed that in respect of all the clearances, the appellant has collected Excise Duty. If the department makes the allegation that the appellant had collected money representing Excise Duty

Business claim allowable in the year in which it is incurred and not in the year of write off

July 29, 2015 523 Views 0 comment Print

The assessee company was engaged in the business of real estate development. Vide order of Hon’ble High Court, 19 Group companies engaged in similar business were merged in the assessee company w.e.f 01.04.1999.

Addition merely based on inference drawn from documents seized from third party is not valid

July 29, 2015 2879 Views 0 comment Print

The present case is related to search & seizure action carried out in case of Sh. S.K. Gupta (‘third party’) in respect of companies and other business entities which were controlled by him or owned by him or different individuals connected with him.

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