Monday, 12 October 2015

No deduction of brokerage paid for procuring tenant as standard deduction under sec. 24 covers all e

While computing taxable income under 'income from house property', no expenditure in respect of brokerage paid by assessee on account of arrangement of lease, could be allowed as a deduction for determination of actual rent

No sec. 14A disallowance in respect of interest when entire borrowings were used for business purpos

IT : Where assessee deducted TDS on commission expenses and deposited same before due date of filing return, deduction under section 40(a)(ia) was to be allowed

Sec. 68 additions for undisclosed business receipts shall be restricted to gross profit on such rece

IT: Where Assessing Officer made addition of Rs. 16 lakhs in income of assessee in respect of deposit in his savings bank account, since deposit in bank account was business receipts, in respect of such deposit addition should be made to extent of gross profit on such undisclosed business turnover

Benefit of composition scheme is also available for post-sale construction under Andhra Pradesh VAT

CST & VAT: AP VAT:A dealer engaged in construction and sale of residential apartments executes conveyance deed of semi-finished apartments and completes remaining construction afterwards. Assessee wants to avail benefit of composition scheme on post sale construction but the department denied such benefit. It was held that benefit of composition scheme was available since (a) assessee was engaged in both construction and sale; (b) composition scheme is not dependent upon the stage of constructio

Consideration received on relinquishment of right in firm by a trust would be taxable as capital gai

IT : Issue as to whether consideration received by assessee medical relief society on account of relinquishment of its right in a firm would be leviable for capital gain tax or not, is to be decided in view of CIT v. Manipal Academy of Higher Education (MAHE) [2013] 357 ITR 114/218 Taxman 1/36 taxmann.com 81 (Kar.)

No fresh demand notice issued to 'Nokia'; earlier demand are being considering under MAP - CBDT

IT/ILT : Section 156 of the Income-Tax Act, 1961 – Notice of Demand – Clarification Regarding Issue of Fresh Demand Notice to Nokia India

Matter referred to third member on issue of restoration of appeal where pre-deposit made after due d

Service Tax/Excise/Customs : Issue 'whether Tribunal can restore appeals even when assessee made pre-deposit only after due date specified by High Court' was referred to Third Member owing to difference of opinion

Re-deposit of excess withdrawals made out of explained bank deposits can't be held as unexplained mo

IT: Re-deposit of excess withdrawals made out of explained bank deposits can't be held as unexplained money

Process of making pizza and pasta is manufacturing; assessee entitled to additional depreciation

IT: Where assessee-company was carrying on a food and beverage business and articles produced by assessee were different from its raw material, assessee was eligible for additional depreciation

CLB directed co. to register shares of petitioner as there was no violation of any norms on acquisit

CL: Where petitioner acquired shares of respondent company and such acquisition did not violate any provisions such as RBI, SEBI and SICA, acquisition being valid, respondent company was to be directed to register shares in name of petitioner

Sunday, 11 October 2015

Obligation to sell under an agreement couldn't take precedence over pre-existing mortgage and charge

Where there was pre-existing charge on properties prior to agreement for sale, obligation to sell as created by agreement between parties could not take precedence over pre-existing mortgage and charge

Commissioner can now delegate his power of revision under Tripura VAT Act

VAT/INDIAN ACTS & RULES : Tripura Value Added Tax (Fifth Amendment) Rules, 2015 – Amendment in Rules 8 And 11

High Court unhappy with ITAT for deleting sec. 68 additions without examining correctness of views o

Where assessee received unsecured loans and Assessing Officer made addition on ground that creditworthiness of alleged creditors was not proved, Tribunal was not justified in deleting said addition without examining correctness of views expressed by Assessing Officer and Commissioner (Appeals)

Rate of tax on transfer of right to use goods has been increased by 1% under Uttarakhand VAT

VAT/INDIAN ACTS & RULES : Uttarakhand Value Added Tax (Amendment) Act, 2015 – Amendment in Sections 4, 6, 35, 50, 53 and 58

Due date to file Reconciliation Return of interstate sale under Delhi VAT is extended to Oct 30, 201

VAT/DELHI : Filing of Reconciliation Return for Year 2014-15

Set Com can’t settle cases of gold smuggling: CBEC clarifies

EXCISE : Clarification on Jurisdiction of Settlement Commission (Customs, Central Excise & Service Tax) in Respect of Cases of Gold Smuggling

Machinery which was kept ready for use but couldn't be used actually would be eligible for depreciat

Where assessee-company, exporter of software purchased machinery after approval of Software Technology Parks of India and return of income was filed duly accompanied by audit report and report in Form 56F, exemption under section 10A was to be allowed

Trust earning sizeable income from incidental activities will get registration if its main object is

Where assessee besides functioning as a training institute for purpose of training of Government officials and farmers in field of water and land management was also rendering consultancy services to various organisations and earning substantial income from said activity, it was rightfully entitled to registration under section 12A

Interest on refund of excess self-assessment tax has to be computed from date of payment of tax, say

Where assessee paid self-assessment tax, it was entitled to interest under section 244A from date of payment of tax on self-assessment to date of refund of amount

Gift treated as undisclosed income as donee failed to prove creditworthiness of donor

Where assessment was not pending at time of search and no incriminating material was found during course of search, no addition could be made in assessment framed under section 153A