Daily Archives: October 4, 2015

Assessing Officer could not disallow bonus to non working partner

Where in terms of partnership deed assessee-firm paid bonus to all partners including working partners, conditions prescribed under section 40(b) stood fulfilled and, thus, Assessing Officer could not disallow said payment in case of one partner holding that he was not a working partner IN THE ITAT JAIPUR BENCH Id. Mohd. Nizamuddin v. Assistant Commissioner… Read More »

Payment to Consultant doctors engaged by agreement could not be treated as salary liable to TDS under section 192

Payment made to consultant doctors who were engaged through an agreement, could not be treated as salary liable to TDS under section 192 HIGH COURT OF ANDHRA PRADESH Commissioner of Income-tax (TDS) v. Yashoda Super Speciality Hospital KALYAN JYOTI SENGUPTA, CJ. AND MS. G. ROHINI, J. IT TRIBUNAL APPEAL NO. 196 OF 2013 JULY  4,… Read More »

Reimursement of telephone allowances and Hospitality cannot be treated as income of assessee

Hospitality and telephone allowances to assessee being in nature of reimbursement cannot be treated as income in hands of assessee and, consequently, non-inclusion of same in assessee’s return of income could not be treated as concealment of income and penalty was not called for IN THE ITAT CUTTACK BENCH Soumya Prakash Pattnaik v. Assistant Commissioner… Read More »

Salary accrued liable for TDS and subsequent diversion is only application of income and not diversion of income by overriding title

Where payments accrued to members of religious congregations by way of salary/pension as their income in individual capacity, subsequent diversion of that income to religious congregations concerned was only a case of application of that income and not diversion by overriding title HIGH COURT OF KERALA Fr. Sunny Jose v. Union of India A.K. JAYASANKARAN… Read More »