Broadcast companies not liable to pay TDS on Channel Placement Fees

ASIANET NEWS NETWORK P.LTD MUMBAI vs ASST CIT CIR 16(1) MUMBAI The Mumbai bench of the Income Tax Appellate Tribunal has held in the case of Asianet News Network vs. ACIT that channel placement fee paid by the broadcast company would not be liable to be disallowed u/s 40(a)(ia) as there is no obligation on … Continue reading Broadcast companies not liable to pay TDS on Channel Placement Fees

Revisional Jurisdiction cannot be exercised on issues which have not been covered in Reassessment

Gulab Badgujar (HUF) Thane vs Commissioner of Income-tax (Central) The Pune bench of the Income Tax Appellate Tribunal in the case of Gulab Badjugar vs. CIT has held that an issue which was not covered in the reassessment proceedings would not be available for readjudication under revisional jurisdiction. The Tribunal noted that once the re-assessment … Continue reading Revisional Jurisdiction cannot be exercised on issues which have not been covered in Reassessment

Riverus Strategic Income Tax Research Tool v2.0 is out!

We are excited to share with you that our Riverus Strategic Income Tax Research tool had not only got new looks but also is packed with robust functionalities. This tool will save your research time by offering answers to your queries in seconds. Check this quick video to get sneak peek. To get a demo … Continue reading Riverus Strategic Income Tax Research Tool v2.0 is out!

ITAT Hyderabad comes down heavily on revenue officials for frivolous appeals

In the case of DCIT v. Shashikala Ramkumar the Hyderabad bench of the ITAT has come down heavily on the revenue officials for not applying their minds while preferring appeals. The Bench remarked that appeals are being filed on grounds that are not meritorious while invoking wrong provisions so as to raise unnecessary demands. Also Read: Unexplained cash … Continue reading ITAT Hyderabad comes down heavily on revenue officials for frivolous appeals

Penalty notice under section 274 must mention the grounds under which penalty is imposed

The Delhi bench of the ITAT has held in the case of Ravina Khurana vs. DCIT that imposing the penalty without mentioning the grounds specified in the notice issued under section 274 of the Income Tax Act is not justifiable and that the AO has to specifically mentioned under which limb of the Act the penalty proceedings … Continue reading Penalty notice under section 274 must mention the grounds under which penalty is imposed

Requirements of Section 263 must be satisfied for CIT to exercise revisionary jurisdiction

ITAT Kolkata has held in the case of Poonam Bhotika vs. ITO Ward 43(1) Kolkata that Commissioner of Income Tax ( CIT ) does not have power under section 263 to remit the matter to the AO without giving a finding that the order was erroneous or prejudicial to the interest of revenue. Also Read: Penalty … Continue reading Requirements of Section 263 must be satisfied for CIT to exercise revisionary jurisdiction

Peripheral Development Expenditure as part of CSR to be considered revenue expenditure

The Kolkata bench of ITAT has held in the case of M/s. Misrilall Mines Pvt. Ltd vs. DCIT CIRCLE 5(1) Kolkata, that peripheral development expenditure as part of CSR is to be considered as revenue expenditure. It also held that if such expenditure was incurred by the company wholly and exclusively for the purposes of the … Continue reading Peripheral Development Expenditure as part of CSR to be considered revenue expenditure

Material found during survey of premises of connected person can be included in block assessment of assessee

In the case of Commissioner of Income Tax, Chennai vs. S. Ajit Kumar, the Supreme Court has held that any material unearthed during a survey at the premises of a connected person can be included in block assessment of the assessee if such survey was conducted simultaneously to proceedings at the assessee's premises. Also Read: … Continue reading Material found during survey of premises of connected person can be included in block assessment of assessee

Assessee may file revised return of income after receiving notice from IT Dept.

ITAT Mumbai in the case of Mahesh H. Hinduja vs. Income Tax Officer Ward–21(3)(3), Mumbai has held that an assessee can file a revised return of income after receiving a notice from the Income Tax authorities, and any tax benefit claimed by the assessee in such return cannot be denied merely because it was claimed … Continue reading Assessee may file revised return of income after receiving notice from IT Dept.