Legal exp. incurred to defending suit filed against assessee for infringement of patent rights is revenue exp.: ITAT

INCOME TAX: Where assessee-company incurred expenditure towards legal fees paid for defending lawsuit filed against it for infringement of patent rights and also paid an amount towards settlement of suit,…

Continue ReadingLegal exp. incurred to defending suit filed against assessee for infringement of patent rights is revenue exp.: ITAT

Grant of Relief after the constitution of Arbitral Tribunal: Exercising Judicial Interference?

The principle of non-judicial interference by the courts is a sacrosanct principle that is time and again being wielded by the courts through judicial precedents and conventions.The principle of non-judicial…

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CBDT authorises ‘ACIT/DCIT (International Taxation), Circle Delhi’ to issue notice u/s 143(2)

The Central Board of Direct Taxes (CBDT) has authorized the Assistant Commissioner of Income-tax/Deputy Commissioner of Income-tax (International Taxation), Circle-1(1)(1), Delhi to act as ‘prescribed authority’ for issuance of notice…

Continue ReadingCBDT authorises ‘ACIT/DCIT (International Taxation), Circle Delhi’ to issue notice u/s 143(2)

Telecom towers not considered as immovable property; Cenvat credit reversed under protest is refundable

EXCISE/ST/VAT : Refund of Cenvat credit reversed under protest is available on telecom towers as it cannot be considered as immovable property; They are fastened on foundation, above the ground…

Continue ReadingTelecom towers not considered as immovable property; Cenvat credit reversed under protest is refundable

AO can’t dispose of assessee’s objections against reopening of assessment in reassessment order itself: HC

INCOME TAX : Where AO disposed off objections raised by assessee against reasons given for reopening assessment of assessee though not by way of a separate order but in body…

Continue ReadingAO can’t dispose of assessee’s objections against reopening of assessment in reassessment order itself: HC

ITAT deleted penalty as assessee’s employee wasn’t well acquainted with procedure of e-filing of TDS statements

INCOME TAX : Where there was mere delay in furnishing TDS quarterly statements as employees of assessee bank were not well acquainted with procedure of e-filing of TDS return which…

Continue ReadingITAT deleted penalty as assessee’s employee wasn’t well acquainted with procedure of e-filing of TDS statements

Sec. 40A(3) disallowance justified as cash payment made to persons who were employee of builder amp; not agents: ITAT

INCOME TAX : Where assessee, engaged in business of civil contractors/builders, claimed to have made payment to agents for purchase of raw material such as cement, bricks, etc., in cash…

Continue ReadingSec. 40A(3) disallowance justified as cash payment made to persons who were employee of builder amp; not agents: ITAT