CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 15, 2016 DIRECT TAX EXPENDITURE INCURRED IN RELATION TO INCOME NOT INCLUDIBLE IN TOTAL INCOME: Tribunal faced strong criticism for not following the judgment of jurisdictional High Court given in the case of the petitioner itself for an earlier Assessment Year on identical issue of applicability of Section 14A …
CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 14, 2016 INCOME TAX ACT SECTION 2(47) CAPITAL GAINS – TRANSFER Sale of partnership business as going concern to company : Sale of business of assessee-firm as a going concern to company for consideration of paid up share capital does not amount to transfer liable to tax as capital gains …
CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 12, 2016 DIRECT TAX Income Tax: Computation of MAT u/s 15JB – Book Profit – Once it is realized that the assessee had correctly debited the profit and loss account for the loss arising out of the transfer of investment division, there remains no difficulty in realizing that the CIT …
CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 11, 2016 DIRECT TAX Income Tax: Qualification for exemption u/s 10(5) – LTC paid to the employees involving foreign travel – TDS on the payment of LTC to the employees – Revenue has rightly held the assessee to be in default, as the assessee has not deducted TDS intentionally on …
CORPORATE AND PROFESSIONAL UPDATE MARCH 8, 2016 INCOME TAX ACT SECTION 92C TRANSFER PRICING – COMPUTATION OF ARM’S LENGTH PRICE Where assessee had benchmarked its international transactions on TNMM basis and TPO had neither disputed assessee’s claim that TNMM was most appropriate method, nor comparables selected by assessee, it was not open for TPO to …
CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 5, 2016 Direct Tax Clarification issued on taxability of surplus on sale of shares and securities-Capital Gains or Business Income-Instructions in order to reduce litigation vide circular no. 06/2016 – Clarification issued by clarifying TDS provisions by television channels and publishing houses to advertisement companies for procuring or canvassing …
CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 4, 2016 INCOME TAX ACT SECTION 36(1)(iii) INTEREST ON BORROWED CAPITAL Expansion of business : Where assessee paid interest on borrowed capital which was used for acquisition of windmill for extension of existing business of generation of electricity through windmill, interest could not be allowed till capital asset acquired by …
CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 3, 2016 DIRECT TAX IT: Transfer pricing adjustment – the unusual features which remained unexplained by the assessee influenced the TPO and the AO to resort to transfer pricing adjustment and determine ALP by adopting the CUP method for the procurements from Sumitomo Japan – Denso India Ltd. Vs. CIT (2016 …
CORPORATE AND PROFESSIONAL UPDATE DATED MARCH 2, 2016 Direct Tax Salaries were not reflected in the profit and loss account – if an assessee under some misapprehension or mistake fails to make an entry in the books of account and although under the law a deduction must be allowed by the Income Tax Officer the …
CORPORATE AND PROFESSIONAL UPDATE FEBRUARY 27, 2016 Direct Tax: The validity of assessment – if a matter falls u/s. 153(2A) of the Act i.e. if the Tribunal has set aside or canceled the assessment then the fresh order by the AO of assessment shall be passed within the period as prescribed u/s. 153(2A) – Tri …