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Judiciary

Reopening not permissible beyond 4 years where AO failed to consider material produced before him

July 8, 2015 1724 Views 0 comment Print

Provision of section 147 states that revenue can reopen an assessment within four years, from the end of the relevant assessment year in which return was filed, if any income escaped from assessment. If revenue wants to reopen an assessment after the expiry of four years prescribed then there must be failure on part of assessee to disclose fully

Interest income earned by assessee on money in bank related to business income is allowed u/s 80IA

July 8, 2015 1258 Views 0 comment Print

Whether tribunal was right in allowing appeal of the assessee holding that the interest income earned by the assessee on fixed deposits with the bank and other interest income are eligible for deduction u/s 80IA.

Satisfaction must be recorded before invoking provision of section 14A read with Rule 8D

July 8, 2015 1126 Views 0 comment Print

The language of section 14A includes that AO must record a satisfaction if he was unsatisfied with any incorrect claim of the assessee. If he failed to record such a finding then it cannot be said that he rightly invoked provision of section 14A.

In case of confiscated goods assessee liable to pay duty only if he exercise option to redeem – SC

July 8, 2015 2826 Views 0 comment Print

The Hon’ble Supreme Court further states Section 124 deals with confiscation of goods and penalty and does not deal with payment of import duty. No doubt, such a payment of import duty becomes payable by virtue of sub-section (2) of Section 125 but only when condition stipulated in the said provision is fulfilled

Income from assignment of film rights received in one shot taxable in the year of receipt if not refundable

July 8, 2015 1408 Views 0 comment Print

The ITAT Chennai in the case of M/s AVM Films Studios held that entire lease rental received in first year of assignment of film rights with a condition that the same is not refundable in any circumstances is taxable in that year itself and cannot be spread over the period of lease.

Unless genuineness of transaction is established by assessee, addition u/s 68 can’t be revoked

July 8, 2015 1141 Views 0 comment Print

A.O. was not convinced by the explanation furnished by the assessee with regard to share capital received from six applicants and a sum of Rs.24 lacs was added u/s 68 of the Act. Appeal filed with CIT was rejected on the ground of assessee inability to explain the identity

If circumstance warrants, Stay order by ITAT was allowed to continue beyond 365 days

July 8, 2015 559 Views 0 comment Print

Held that it is settled law that there is no bar for grant of such a relief if the Court is of the opinion that the circumstances and the ends of justice so warrant. Since the petitioner has already been granted conditional stay by the Tribunal in respect of the said appeal and that the Tribunal is in the midst of hearing of appeal

If there is International transaction, Arm’s Length Price would be decided using international commercial principle.

July 8, 2015 3010 Views 0 comment Print

Assessee had given the loan to the associate enterprise in U.S.D. and in such a situation when the transaction was in foreign currency, and the transaction was an international transactions, then the transaction would have to be looked upon by applying the commercial principles in regard to international transactions.

Condition of pre-deposit by CESTAT not justified if, prima facie, revenue contention seems to be loggerhead

July 8, 2015 456 Views 0 comment Print

Held that, Prima facie, it appears that revenue’s argument is at loggerheads with the notification. Reliance was also placed on the judgment of Bombay High Court in case of Niphad Sakhar Karkhana Ltd. vs. CEE, 2014 (300) E.L.T. 66 (Bom.) submitted by the appellant.

Unless receipt is termed as ‘Income’, Question of taxability wouldn’t arise

July 8, 2015 5137 Views 0 comment Print

The award was not for any services rendered but in the nature of testimonial and expression of recognition by an institution of eminence of a person in the field of Journalism. The testimonial paid to any professional or any person as a token of esteem and regard for his ability or qualities

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