Income Tax Archive

Expenses prior to setting up or running of business are capital in nature-High Court

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Expenses prior to setting up or running of business are capital in nature-High Court upheld ITAT order allowing capitalisation of pre-operative expenses ABCAUS Case Law Citation: ABCAUS 2217 (2018) (02) HC The case law involves the appeal filed by the Income Tax Department (Revenue) against the order of the

 

Revised DTAA between India and Kenya notified-Withholding tax rates reduced

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Revised Double Taxation Avoidance Agreement (DTAA) between India and Kenya notified The Double Taxation Avoidance Agreement (DTAA) between India and Kenya was signed and notified in 1985. Subsequently, the DTAA was renegotiated and a revised DTAA was signed between both countries on 11th July, 2016. The revised DTAA has

 

Lease equalization charges are deductible in computing book profit-High Court

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Lease equalization charges are deductible in computing book profit. Provisions for NPA are also not need to be added back-High Court ABCAUS Case Law Citation: ABCAUS 2216 (2018) (02) HC The Challenge/Grievance: The case law involves the appeal filed by the Income Tax Department (Revenue) against the order of

 

Activities of animal care is advancement of object of general public utility u/s 2(15)-High Court

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Activities of animal care is advancement of object of general public utility. Society was entitled to benefit of Section 80G as amount spent was less than Rs. 10 lacs – High Court ABCAUS Case Law Citation: ABCAUS 2215 (2018) (02) HC The Challenge/Grievance: The case law involves the appeal

 

Validity of income tax notice served on authorised representative upheld by Supreme Court

Validity of income tax notice served on authorised representative upheld by Supreme Court as there was sufficient material to draw inference of deemed service ABCAUS Case Law Citation: ABCAUS 2214 (2018) (02) SC The respondent assessee was Proprietor of a Petrol Pump and was regularly assessed to the tax

 

Voluntary surrender of income no defence for concealment penalty u/s 271(1)(c) – High Court

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Voluntary surrender of income no defence for concealment penalty u/s 271(1)(c) unless explanation offered is found bona fide and all material facts are disclosed-High Court ABCAUS Case Law Citation: ABCAUS 2212 (2018) (02) HC The Challenge/Grievance: The present judgment involves the appeal filed by the Income Tax Department (Revenue)

 

ITAT restores registration u/s 12AA cancelled for money laundering through donation received in lieu of cash

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ITAT restores registration u/s 12AA cancelled for money laundering through donation received in lieu of cash as the amount received was applied for its objects and the allegation was based solely on sworn statement during survey proceedings. ABCAUS Case Law Citation: ABCAUS 2211 (2018) (02) ITAT Important Case Laws