daga

Five sitting members of the apex council of ICAI defeated in election

Five sitting members of the apex council of the Institute of Chartered Accountants of India (Icai) have been defeated in elections held on 4-5 December to elect a new team in 2010. Among the losers is Shanti Lal Daga, who was vice-chairman of the fact-finding committee set up by Icai to investigate the role of auditors in the fraud at Satyam Computer Services Ltd, according to an official with knowledge of the election results who did not want to be identified.
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If Assessee already paid tax then interest can not be recovered further u/s. claimed u/s. 234A or 234B or 234C

In the instant case, the deductee has already discharged tax liability with interest payable under Section 201(1)(a) of the Act. As such no further interest can be claimed by the revenue from the respondents either under Section 234A or 234B or 234C of the Act. The view taken by the Tribunal for the reasons stated cannot be faulted.
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Section 14A submission accepted by AO can not be sent back to AO for reconsideration by tribunal

The Bombay High Court ruled that once the taxpayer’s submissions with respect to section 14A was accepted by a tax officer, the Tribunal cannot send back the same matter for the tax officer’s re¬consideration. Recently, the Bombay High Court in the case of Topstar Mercantile Pvt. Ltd v. ACIT (2009-TIOL-458-HC-MUM-IT) has held that the Income-tax Appellate Tribunal (the Tribunal) was not justified in sending back the matter to Assessing Officer (AO) to consider the ..
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S. 14A disallowance can be made with regard to partner’s share of profits

The assessee, a partner in a firm, received ‘share of profit’ and ‘salary’ from the firm. While the ‘share of profit’ was exempt u/s 10(2A), the ‘salary’ was taxable as business income u/s 28 (v). The assessee claimed deduction for business expenditure incurred by him. The AO held that as the assessee had exempt income, s. 14A applied and a part of the expenditure had to be disallowed.
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Section 14A Applicable To Dividend Earned by an Assessee Engaged In the Trading Of Shares and Securities

M/s. Daga Capital Management Pvt. Ltd. Vs ITO, Mumbai (ITAT MUMBAI)] The words in relation to in s. 14A mean a dominant and immediate connection between the expenditure and the exempt income. To determine whether there is such a connection, one has to see the object with which the expenditure is incurred. If the expenditure is incurred mainly to earn taxable income and the tax-free income is incidental, there is no such connection and s. 14A does not apply. The onus is o..
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