Sunday 27 September 2015

Exp. incurred by hospital on MD's daughter getting knowledge in medical field for hospital was deduc

IT: Where daughter of managing director of assessee-company which was running a hospital was sent abroad for acquiring specialised kowledge in medical field and after acquiring same, she was working with assessee, expenses incurred towards daughter's education were to be allowed under section 37(1)

HC couldn't hold up assignment of debt just because application against sale notice was pending in D

SARFAESI: Merely because an application under section 17 against sale notice was pending before DRT, Court could not have exercised its writ jurisdiction against transfer of debt by secured creditor, as notice for sale of property and transfer of a debt by secured creditor are independent actions

No penalty for late filing of TDS return if TDS was deducted and deposited in time

IT : Where assessee-bank deducted TDS and made payment on time but filed late TDS return as it was not aware that returns were to be filed at branch level, since revenue had not suffered any loss on account of late filing of return, penalty levied was to be cancelled

Prior to 1-6-2013 developer wasn't liable to TDS on purchase of property from NR due to non-discrimi

IT/ILT : In view of article 26(4) of DTAA between India and USA, assessee cannot be burdened with requirement of TDS in case of payment to three Indian individuals including one non-resident for sale or purchase of property in India (Position prior to 1-6-2013)

Single residential project to be deemed as one irrespective of multiple permits granted by developme

IT: Where assessee-company developed a residential project on one single piece of land and in said piece of land assessee constructed six housing towers which was approved by CMDA in accordance with Development Control Rules, assessee would be entitled to deduction under section 80-IB(10)