Monthly Archives: April 2019

No TDS U/s. 195 on commission paid to USA based payee for services rendered outside India : ITAT

By | April 18, 2019

Non-resident company which did not have any permanent establishment India and the services by the said company was rendered outside India and such no services was rendered or no activity was performed in India   section 195 of the Act comes into play only if the concerned recipient’s income is chargeable to tax in India.… Read More »

No Addition for Jewellery if declared in Revised return and purchase bills available : ITAT

By | April 18, 2019

ITAT Jaipur Bithal Dass Mundra Vs  DCIT   ITA No. 433/JP/2018 Date of Judgement: 20/12/2018 Related Assessment Year : 2014-15 This appeal by the assessee is directed against the order dated 01/02/2018 of ld. CIT(A)-IV, Jaipur for the A.Y. 2014-15. The assessee has raised following grounds of appeal: “1. That under the facts and circumstances of the case… Read More »

Sec. 54 deduction allowed on purchase of flats even if investment is not from sale proceeds : ITAT

By | April 18, 2019

 we do not find any restriction/condition imposed mandating investment of the capital gain/sale proceeds towards purchase of new house for claiming deduction under section 54 of the Act. What the provision postulates is, for claiming deduction the assessee has to make investment in purchase of a new house one year before or two years after… Read More »

Depreciation claimed in revised return cannot be denied because of non-claim in original return : ITAT

By | April 17, 2019

The assessee has duly filed the return u/s. 139(1) within the due date. Thereafter, the assessee claimed the depreciation on goodwill in the revised return u/s. 139(5) which was filed on time. This claim of deprecation in the revised return cannot be denied solely on the ground that it was not claimed in the original… Read More »

No capital gain tax if Sale deed registered but cheque stopped for payment by Purchaser: ITAT

By | April 17, 2019

It is clear that though an agreement was entered into between the parties on 16.09.2010 which was also registered with the authorities, but admittedly total consideration was not paid to the assessee as the cheques which were handed over by the purchaser, were stopped for payment. Thus even part performance of the contract has not… Read More »

No disallowance u/s 14A because Dividend Income (Exempt) not earned

By | April 17, 2019

The Hon’ble High Court in the case of Cheminvest Limited , has held that if no dividend income is earned during the year, no disallowances u/s 14A of the Act is warranted All ITAT ACIT Vs  Prabhatam Advertising (P) Ltd.   ITA No. 1439/Del/2015 Date of Judgement: 12/06/2018 Related Assessment Year : 2011-12 This appeal by… Read More »

Section 80TTA Deduction for Saving Bank Interest Income : Commentary

By | April 17, 2019

Section 80TTA Deduction for Saving Bank Interest Income Section 80TTA of Income Tax Act is introduced with effect from April 01, 2013 and will apply from AY 2013-14 and onwards for giving deduction of saving Bank interest to Individual and HUF. However it has been amended by Finance Act 2018 to disallow this deduction to… Read More »