Income Tax

ITAT – DCIT v. Railtel Corporation of India Ltd.(Delhi – Trib.)

ITAT – DCIT v. Railtel Corporation of India Ltd. [2022] 140 taxmann.com 132 (Delhi – Trib.) – The assessee purchased assets of Rs.275 Lakhs and revalued at Rs. 175.54 lakhs and the loss amounting to Rs. 99.46 lakh due to determination of the fair value of assets has been shown as ‘loss on revaluation of fixed…

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Condition for Exemption : whether Mandatory Vs Directory

Taxpayer is entitled for exemption if conditions are fulfilled Conditions can be mandatory or directory, courts have condone violation of directory conditions It is based on the effect of non compliance SC in Hari Chand Shri Gopal case led that Conditions which are a matter of substance is mandatory; & one which are mere convenience…

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10 Instances where 194R TDS on Perks for business is Applicable or Not Applicable

1. Dealers Education conference – Not Applicable as per Q8 of circular 2. Dealers targets achievement incentive / Customary gifts to business/ professional associates – applicable 3. Discounts on MRP or additional qty as freebies – Not Applicable Q4 of circular 4. Loyalty Rewards in cash (cash back)/ prepaid vouchers/ kind.- applicable 5. Insurance coverage…

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10 Pointers to Understand Capital Gain Tax on Reconstitution of Partnership Firm

1. Transfer of capital asset or stock on dissolution/reconstitution will be consider as transfer for firm and not partner who receive it 2. Reconstitution includes admission, retirement or change in profit sharing ratio 3. 9B will tax firm on difference of FMV and indexed cost of assets 4. 45(4) will tax partner on Profit =…

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No Penalty for non-disclosure of foreign Asset in Indian Return

  No penalty u/s 43 of BM Act can be imposed for non-disclosure of foreign asset (foreign bank account) in ITR, where- The amount was not assessee’s unexplained investment as, though held in her name, they represented her deceased mother’s tax paid monies held by assessee in fiduciary capacity and hence it was not ‘undisclosed…

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9 Pointers to Know About New Reassessment Regime Under Income Tax

1. Under the new regime reopening is based on Information flagged by risk management strategy & not reasons to believe 2. 148A – mandates AO to enquire about information before issuing of notice u/s 148 3. The word used u/s 148A if required (at the end) suggests that where the information is factually not correct,…

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Taxability Due to Significant Economic Presence (Sep) in India

SEP covers the below-mentioned transactions E-com transaction, E-books, music, video streaming, Online app/software purchase, Online Gaming Service Troubleshooting service Subscription service The Threshold limit recently provided by CBDT for SEP Tax is Aggregate payment for transactions with a person in India exceeds INR 2 crore in a year NR interacts with 3.00 lacs or more…

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