Category: Income Tax

Funds shortage due to project expansion was sufficient cause not to impose penalty u/s 221(1) for self assessment tax non payment before filing ITR

In a recent judgment, ITAT Chennai has held that paucity of funds due to project expansion was a sufficient case not to levy penalty u/s 221(1) for non payment of self assessment tax before filing return of income.  Case Law Details: ITA No. 611/Mds/2014  Assessment Year : 2010-11 M/s. …

Section 68 not applicable to liabilities representing old opening balances. Assessee’s Consent / acceptance do not give jurisdiction/right to make addition

In a recent judgment, ITAT Chennai has stated that consent/acceptance given by assessee could not give jurisdiction and a right to the assessing authority to make an addition. The taxing authority can act only if there is power under the statute to do so. It further held that if the liabilities …

UPS entitled to higher rate depreciation @ 60% being accessories and peripherals forming integral part of computer system

In a recent judgment, ITAT Delhi has allowed depreciation on UPS at the higher rate of 60% allowable at computers following Delhi High Court judgment that  computer accessories and peripherals such as, printers, scanners and server etc. form an integral part of the computer system and cannot be used without the …

House Property Annual Value u/s 23(1). Whether flat ihabitable or not, a question of fact to be determined after appreciation of evidences

ITAT, Mumbai in a recent judgment has held that for determination of Annual Value of House property, u/s 23(1), whether the residential property (flat) was habitable or not was a question of fact that can be determined only after appreciation of evidences and remanded the case back to AO. Case Law Details: …

Availability of self owned interest free funds for disallowance u/s 36(1)(iii) can only be determined by examining the accounts

In a recent judgment, Amritsar has held that issue of availability of self owned interest free funds for making disallowance u/s 36(1)(iii) can only be determined by examining the accounts. Case Details: ITA No.66(Asr)/2016 Assessment year:2008-09   M/s. Sehdev Enterprises vs. Income Tax Officer Date of Order/Judgment: 21/04/2016 Brief Facts …

Online Upload of e-TDS/TCS statement(s) and AIR functionality will be discontinued from May 1, 2016 at TIN

NSDL Tax Information Network (TIN) Notice Online Upload of e-TDS/TCS statement(s) and AIR functionality will be discontinued from May 1, 2016 at TIN. The users who are desirous to file e-TDS/TCS statements/AIR are requested to visit our TIN-FC agents at https://www.tin-nsdl.com/tin-facilities.php. Alternatively, you can visit to e-filing website …

Exemption 10(23C)(iiiab)-Fee collection by Universities not Government funding because it is authorized under Act or fees rates fixed by Govt. Agencies-SC

Supreme Court in a latest judgment has held that Fees collection by Universities does not amount to Government funding for exemption u/s 10(23c)(iiiab) merely because such fees are authorized under the relevant Act or fees rates are fixed by Govt. authorised Agencies Case Law Details: Civil Appeal No. 4361-4366 of …

Know Name by giving PAN Number

To know the correct Permanent Account Number (PAN) of a deductee is of utmost importance for filing eTDS quarterly statement/returns for giving credit of tax deducted to the payee as per Form-26AS Statement. Apart from this, CBDT has vide notification dated 95/2015 dated 31/12/2015 has notified Rule 114B for quoting a …