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Wednesday, March 15, 2017
Trust incurring expenses in excess of its income would be eligible for sec. 11 relief

Trust incurring expenses in excess of its income would be eligible for sec. 11 relief

The Supreme Court of India held that SLP granted against High Court's ruling that where assessee, a charitable trust, incurred expenditure in excess of income in previous year relevant to assessment year for charitable purposes, out of accumulated charity fund, it could not be denied benefit of exemption under section 11(1)(a).
Commissioner of Income-tax, Bikaner v. Krishi Upaj Mandi Samiti (Grain)* [2017] 78 taxmann.com 164 (SC)
Benami Act violators to face double whammy of legal action

Benami Act violators to face double whammy of legal action

Those who undertake Benami transactions would invite Rigorous Imprisonment (RI) of up to 7
years and such violators would also stand to be charged under the normal I-T Act. Benami Property Transactions Act, 1988, has came into effect from November 1, 2016. Show cause notices for attachment have been issued in 140 cases where benami assets worth Rs 200 crore are involved. The attached assets, include deposits in bank accounts, agricultural and other land, flats and jewellery shares issued to entry operators, among others.
No capital gain tax on capital contribution made in partnership firm

No capital gain tax on capital contribution made in partnership firm

The High Court of Bombay held that where assessee-company made capital contribution in a partnership firm in form of land, shares and securities, since said firm was genuine which carried on its business activities regularly, even though in such a case, aforesaid contribution constituted transfer of capital asset, yet it did not result in any capital gain subjected to capital gain tax.
Jamnalal Sons Ltd. v. Commissioner of Income-tax, Nagpur* [2017] 77 taxmann.com 350 (Bombay)
Payment made to purchase equipment for research is not royalty when no research is carried out: ITAT

Payment made to purchase equipment for research is not royalty when no research is carried out: ITAT

The ITAT held that where under an agreement with foreign company for carrying out research, assessee made payment to foreign company for purchase of equipments and appliances but no research activity had taken place, said payment could not be treated as royalty liable to TDS.
Aatash Power (P.) Ltd. v. Income Tax Officer, International Taxation-II, Ahmedabad* [2017] 78 taxmann.com 202 (Ahmedabad - Trib.)
Payment for testing, trail operation and commissioning work would attract sec. 194C TDS and not sec. 194J TDS

Payment for testing, trail operation and commissioning work would attract sec. 194C TDS and not sec. 194J TDS

The High Court of Punjab and Haryana held that Contracts entered into by assessee-company with various contractors to execute work of erection, testing, commissioning and trial operation of power cycle piping, boiler and LP piping packages for various units in State, amounted to works contract requiring deduction of tax at source under section 194C.
PCIT v. SBHBL * [2017] 77 taxmann.com 269 (Punjab & Haryana)
Sec. 43B applies to both employee and employer's contribution to PF and ESI

Sec. 43B applies to both employee and employer's contribution to PF and ESI

The High Court of Allahabad held that Assessee deposited contributions towards provident fund
and ESI before due date of filing of return, deductions allowable.
Sagun Foundry (P.) Ltd. v. Commissioner of Income-tax, Kanpur* [2017] 78 taxmann.com 47 (Allahabad)
Tax officers to file self-appraisal report on e-assessment

Tax officers to file self-appraisal report on e-assessment

Tightening reporting norms, the tax officers have been asked to submit self appraisal reports to the Revenue Department and explain reasons for the "poor performance" in doing e-scrutiny of tax returns. 
As it promotes paperless e-mail based assessment to limit personal interface between the taxpayer and taxmen, the Revenue Department has asked officers to file a report on the e-assessments they took up and disposed off in the year. In the self appraisal form, they have also been asked to file reasons for "low performance", according to a CBDT order.` The Central Board of Direct Taxes (CBDT) has started paperless assessment proceedings in 7 metro cities of Delhi, Mumbai, Ahmedabad, Bengaluru, Chennai, Hyderabad and Kolkata.

CBDT chief allays fears of Arbitrary I-T searches

CBDT chief allays fears of Arbitrary I-T searches

  • The following clarifications have been issued by CBDT:
  • No junior officer has power to conduct a search on his own
  • Proper procedure including permission from principal director general has been laid out for search
  • There will be no arbitrary searches, no additional powers given for searches or seizure
  • Satisfaction note prepared for the search is shown in the court and it is provided to the court whenever it seeks it in a sealed cover
  • The note provides the justification for the search, including evidence to support the conclusions