Case: BIR HOTELS PVT LTD vs ASSISTANT COMMISSIONER OF INCOME TAX AND ANR, HC Allahabad Listen to the case summary BIR HOTELS PVT LTD vs ASSISTANT COMMISSIONER OF INCOME TAX AND ANR, HC Allahabad here Background: The assessee, a 3-star hotel entered into a franchise agreement with Lakme saloon and claimed deduction u/s 80IB on the … Continue reading Can a hotel claim deduction u/s 80IB by stating saloon services as an integral part?
Can the AO open re-assessment on the basis of facts and documents which are already available?
Case: Deputy Commissioner of Income Tax vs Sovereign Pharma Pvt Ltd, ITAT Pune Listen to the case summary Deputy Commissioner of Income Tax vs Sovereign Pharma Pvt Ltd, ITAT Pune here Background: The Assessing Officer (AO) reopened the assessment four years from the end of the relevant assessment year and issued the notice under u/s … Continue reading Can the AO open re-assessment on the basis of facts and documents which are already available?
Can deduction u/s 80-IA be claimed if the contract is awarded to Joint Venture formed by the assessee?
Case: TRANSTROY (INDIA) LTD vs ASSISTANT COMMISSIONER, CIRCLE 2(1), ITAT, Visakhapatnam Listen to the case summary TRANSTROY (INDIA) LTD vs ASSISTANT COMMISSIONER, CIRCLE 2(1) Background: The assessee formed a joint venture (JV) to participate in the bidding process with the Government of India. The government allotted the project work to the JV and subsequently, the joint venture formed a … Continue reading Can deduction u/s 80-IA be claimed if the contract is awarded to Joint Venture formed by the assessee?
Can deduction be denied for partial cultivation on agricultural land?
Case: Rajendra Bastimal Chordiya vs Income Tax Officer, ITAT, Pune Listen to Rajendra Bastimal Chordiya vs Income Tax Officer, ITAT, Pune case summary and stay updated any time anywhere. Background: Assessee’s claim of deduction u/s 54B of the Act related to the sale of agricultural land was denied by the AO as: out of the total … Continue reading Can deduction be denied for partial cultivation on agricultural land?
Condonation of Delay: 6 Cases with Reason and Treatment
While the Indian justice system is infamous for its apathy, lack of urgency and efficiency, the Courts are not always to blame. Here are six cases where there was an inordinate delay in filing the appeal and the reasons given by the court in allowing or rejecting the condonation. One of the cases has a … Continue reading Condonation of Delay: 6 Cases with Reason and Treatment
Can a deduction u/s 10 A of the Act be denied if the application for extension of time to receive export sales proceeds is neither rejected nor accepted?
Case: Tecnotree Convergence Ltd Bangalore vs Deputy Commissioner of Income Tax Circle-7(1)(1) Bangalore, Banglore ITAT Listen to Tecnotree Convergence Ltd Bangalore vs Deputy Commissioner of Income Tax Circle-7(1)(1) Bangalore case summary and stay updated any time anywhere. Background: The A/O denied deduction under Section 10A of the Income Tax Act to the assessee to extend the … Continue reading Can a deduction u/s 10 A of the Act be denied if the application for extension of time to receive export sales proceeds is neither rejected nor accepted?
Will the order procurement services rendered outside India be taxable?
Case: Pure Software Pvt Ltd vs ITO, Delhi ITAT Listen to Pure Software Pvt Ltd vs ITO case summary and stay updated any time anywhere. Background: The assessee company was engaged in the business of software development, testing and training and the issue, in this case, was related to a payment made to non-resident entities. The assessee … Continue reading Will the order procurement services rendered outside India be taxable?
Can registration of Trust be retrospectively Cancelled?
Case: Urmila Devi Charitable Trust vs. CIT, Delhi ITAT Background: The registration of Urmila Devi Charitable trust under Section 12AA was cancelled, nullifying the tax exemptions which it had been getting for the past 6 years. CIT alleged that the assessee received a donation of Rs. 85 lakhs in cash, on its basis, the CIT … Continue reading Can registration of Trust be retrospectively Cancelled?
If a trust (u/s 12 AA) offers hostel and transport facilities can it get tax exemption?
Case: Ideal Education Society Ghaziabad vs Addl. CIT Ghaziabad, ITAT Delhi Listen to Ideal Education Society Ghaziabad vs Addl. CIT Ghaziabad case summary and stay updated any time anywhere: Background: The assessee was registered as a society and charitable trust. It provided the following facilities to its students: Education for various professional courses Hostel and transportation facilities … Continue reading If a trust (u/s 12 AA) offers hostel and transport facilities can it get tax exemption?
Re-designating land from stock in trade to capital asset
Case: AJB Developers Pvt. Ltd. vs DCIT, (ITAT Delhi) Background: Assessee company was engaged in the business building and infrastructure development. Company sold one of its land properties, held in its books as stock in trade, as a capital asset, and offered the income for taxation under long term capital gain with indexation. AO sought to … Continue reading Re-designating land from stock in trade to capital asset