Disallowance under section 14A

Disallowance under Section 14A: an Analysis

There are some heads of income which are considered tax-free or exempt for the purposes of the Income Tax Act (“Act”). On the other hand, the Act allows certain expenses incurred exclusively for earning income to be claimed as deductions i.e. these amounts can be deducted from the total income to arrive at the income … Continue reading Disallowance under Section 14A: an Analysis

Whether tax authorities can ask for forms 15G/15H to be furnished at any time for the purposes of verification?

Case: ACIT v. Telangana Grameen Bank, Hyderabad ITAT Listen to the case summary ACIT v Telangana Grameen Bank, ITAT Hyderabad here Note: You must have access to Riverus Research Map for Income Tax to access the links in this article. Email us at hello@riverus.in to try for free. Background The assesee is a regional rural … Continue reading Whether tax authorities can ask for forms 15G/15H to be furnished at any time for the purposes of verification?

DCIT vs Bhaijee Portfolio Pvt. Ltd.

Reassessment proceedings without approval is illegal

In the case of DCIT vs Bhaijee Portfolio Pvt. Ltd. the Income Tax Appellate Tribunal’s Delhi bench has held that the re-opening of an assessment without the approval of designated authority is not allowable under Income Tax Act. Revenue’s Arguments: The re-assessment proceeding was initiated by the Assessing Officer against the Assessee by recording reasons … Continue reading Reassessment proceedings without approval is illegal

Ravi Jain vs ACIT case summary and update

Capital gain exemption to be given to more than one house, when HUF property is sold

The Delhi bench of ITAT has held in the case of Ravi Jain vs ACIT that when an HUF’s residential house is sold, the capital gain can be invested for the purchase of more than one residential house and the benefit of exemption cannot be denied under s. 54(1) of the IT Act. Assessee’s Arguments: … Continue reading Capital gain exemption to be given to more than one house, when HUF property is sold

Rehlan constryction vs. ACIT

Possibility of personal use cannot be a reason to disallow depreciation claim

The Income Tax Appellate Tribunal’s Delhi bench has held in the case Ralhan Construction Company vs. ACIT that the mere possibility of personal use would have no role to play while granting depreciation on any vehicle under Section 32 of the Income Tax Act, 1961. Revenue’s Actions: In the present case, since the assessee had … Continue reading Possibility of personal use cannot be a reason to disallow depreciation claim

Addition made to the income of the assessee (without cross-examination) cannot be sustained

In the case of Shakuntala Agencies Pvt. Ltd. vs. ITO, search and seizure operations at the premise of a third party uncovered incriminating material related to the assessee. The AO and CIT(A) both rejected the assessee’s request to cross examine the relevant person.Tribunal holding: Addition made to the income of an assessee on the basis of … Continue reading Addition made to the income of the assessee (without cross-examination) cannot be sustained

Claiming deductions on donations: 4 questions and their answers

“Giving is not about making a donation. It’s about making a difference.” And, no act of kindness, no matter how small, is ever wasted. All your acts of kindness in the form of charity and donations come back to you in the form of a tax benefit provided by the Indian Government under section 80G … Continue reading Claiming deductions on donations: 4 questions and their answers

Unexplained cash credits: 5 questions and their answers

Section 68 is one of the few sections in the Income Tax Act of 1961 which has largely remained unchanged. Apart from addition of provisos to cover corporate taxpayers, the purpose of the section has remained unchanged. So what does section 68 say? Amounts credited to an assessee are taxable unless the Act has specifically … Continue reading Unexplained cash credits: 5 questions and their answers

AAR holds non-compete fee is not taxable under India-UK DTAA

The Authority for Advanced Ruling has held in the case of HM Publishers Holdings Limited that while receipts arising out of a non-compete agreement are taxable as business income under Section 28 (va) of the Income Tax Act, they would not be taxable as per the DTAA between India and UK. Also Read: AAR ruling could … Continue reading AAR holds non-compete fee is not taxable under India-UK DTAA