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The Depreciation can not be disallowed on the ground that the assessee has not started business activities if the assets were ready to put to use and the assessee was only waiting for proper business opportunity ITAT JODHPUR BENCH, JODHPUR in the case of M/s Sambhav Energy Limited vs ACIT on dated 02.11.2022. In the favour of the Assessee. Prepared by Advocate Atharv Mundra and FCA B. P. Mundra
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Whether remuneration to partner should be first allowed or brought forward business losses should be first set off? Ahmedabad tribunal decided the issue is very useful.
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Section 14A For the purpose of computing disallowance u/s 14A of the Act instead of taking into account total investment, only such investments which yielded exempt dividend income during the year are required to be considered for the purpose of disallowance. RELIGARE SECURITIES LTD. & ANR. vs. DCIT. In favour of Assessee. ITAT Delhi
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Section 14A envisages that there has to be an actual receipt of exempt income during the relevant previous year for purpose of making any disallowance u/s 14A, Section 2(22)(e) do not apply when transactions are trading business transactions and The provisions of section 50C cannot be incorporated in the computation of block of the assets. DCIT vs. FUTURZ NEXT SERVICES (PRIVATE) LIMITED. AY 2013-14
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Section 32, 37, 36(1)(iii), 37(1), 131, 133A, 56, 147 AY 2012-13, 2013-14, 2014-15 After going through the various terms of the deed if it is loan/finance arrangement between the parties then the assessee is entitled only to claim interest as expenditure u/s 36 (1) (iii) and depreciation and is not entitled to claim the principal component of alleged lease rent paid as ‘revenue expenditure’ u/s 37(1). FASTWAY TRANSMISSION (P) LTD. vs. ACIT ITAT CHANDIGARH May 6, 2020
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There is no such requirement under section 32 of the Act that full consideration should have been paid for the purpose of claiming depreciation
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5 साल के लिए मैनेजमेंट कंट्रोल ड्रिलिंग रिंग का लेने की फीस कैपिटल एक्सपेंडिचर है और उस पर डिप्रेशन लेने का अधिकार है