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Sep 19, 2012

Liability to TCS arises even in the absence of written contract

Transfer of PANs Of Non-Resident Assessees

Posted: 19 Sep 2012 09:25 PM PDT

Jurisdiction over non-resident assessee lies with the AOs under administrative control of DGIT (Intl. Tax). It has been observed by DGIT (Intl. Tax.) that PAN of many non-resident assessees are lying with the AOs who do not have jurisdiction over them.

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Reopening of assessment u/s 147 on the basis of 'mesne profits' which is likely to accrue in the future is valid?

Posted: 19 Sep 2012 09:16 PM PDT

In view of judgment in R​.J Wood. The Court held that receipts towards mesne profits should be taxed in the year of their receipt. The revenue had not however, re-opened the assessment in respect of the year of receipt of the amounts, in this case.

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Liability to TCS arises even in the absence of written contract

Posted: 19 Sep 2012 08:48 PM PDT

Assessee, submitted that though auction was held of parking lots, but no contract was executed in terms of auction and the contractors did not sign any contract and continued to charge parking charges. Therefore, the provisions of section 206C(1C) would not apply to the case and further for...

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No disallowance of expenditure u/s. 14A in the absence of links with exempt Income

Posted: 19 Sep 2012 08:36 PM PDT

From the facts of the present case, it is clear that there is no link with expenditure for earning of dividend income incurred by the assessee and once the facts are clear, no disallowance can be made by invoking rule 8D of the Rules. Neither the AO nor CIT(A) has recorded any finding that having...

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Section 32A – Mining, cutting & polishing of granite is manufacture -SC

Posted: 19 Sep 2012 08:30 PM PDT

Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that the assessee is entitled to investment allowance on the activities of the assessee, viz., mining granite from quarries and exporting them after cutting, polishing, etc....

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CIT (A) can accept fresh claim raised by the Assessee – ITAT

Posted: 19 Sep 2012 08:28 PM PDT

Ld.Counsel for the assessee Mr.Sandeep Sadra on the other hand pointed out that the assessee has made a fresh claim before the Commissioner of Income Tax (Appeals) and as all the facts are on record and as the Assessing Officer has himself recorded that the claim is correct, the Commissioner of...

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Registration U/s. 12A can not be cancelled Merely because some amount has been spent by assessee-society which is not in accordance with its aims & objects

Posted: 19 Sep 2012 07:52 PM PDT

Considering the above facts, the condition precedent to cancellation of registration under section 12AA(3) are not satisfied because once registration is granted, the Commissioner can cancel registration only if he satisfies that the activities of such trust or institution are not genuine or are...

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