Do you need to disallow expense as per Section 14A of Income Tax Act even if you have sufficient interest free funds?

Judgement of High Court of Gujarat in case of PCIT vs. Sintex Industries Ltd . Further SLP dismissed by SC. Facts of the case: In A.Y. 2009-10, the assessee had earned dividend income amounting to...

RULE 8D of Income Tax Act: Method for determining amount of expenditure in relation to income not includible in total income

What is Rule 8D of Income Tax Act, 1961? Rule 8D of Income Tax Act reads as follow: Where the Assessing Officer, having regard to the accounts of the assessee of a previous year,...

No Opportunity of Cross-Examination under Income Tax Litigations

No Opportunity of Cross-Examination under Income Tax Litigations In law, cross-examination is the interrogation of a witness called by one’s opponent. Section 138 of the Indian Evidence Act 1872 provides that a witness will be...

Full ITC cannot be availed when payment is netted off against receivables for the supplies made between Branch and HO

Authority for Advance Ruling (AAR Tamilnadu) pronounced in case of M/s. Sanghvi Movers Ltd. that full ITC cannot be availed by registered branch office for the services procured from HO where payments are netted off...

High Court allowed set-off of credit availed on construction of an immovable property against GST payable on rent income

Safari Retreats Private Limited (“Company”) Vs Chief Commissioner of Central Goods & Service tax (Orissa High Court) The Company is mainly carrying on business activity of constructing shopping malls for the purpose of letting out...

Supreme Court Ruling on applicability of PF on allowances

Background The Supreme Court verdict dated 28 February 2019 in the case of Regional Provident Fund Commissioner West Bengal v. Vivekananda Vidayamandir and others reiterated the salutary principles of ascertaining components of salary to be...

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