fulfillment

Unexplained Investment Under Section 69 of the Income Tax Act, 1961

Section 69 does not provide any guideline about the extent and length of the discretionary power given to AO in the matter of treating the investment as income which is unexplained or unsatisfactorily explained by the investor-assessee. Therefore, Assessing Officer is expected to appreciate the reasonable explanation offered to him, the evidences produced before him about the nature and source of investment and he can not make the addition merely on surmises, conjectures..
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Packing the dispute of branded goods on packing material

There are already two articles published on our website www.capradeepjain.com on this issue. The title of these articles was “SSI exemption: - The branded issue” and “Brand name for packing material: - all is well when ends well”. The budget has made further amendment while passing the budget to end the controversy. This amendment has prompted us to write this third piece on this very same issue. We will discuss the issue in brief to have a better understanding ..
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Income-Tax Department cannot re-open the assessment U/s. 147 of the Income Tax Act arbitrarily: SC

In a reprieve to the assessees, the Supreme Court has ruled that the Income-Tax Department cannot re-open the assessment cases arbitrarily but on the basis of some ‘tangible material’. If armed with unrestricted power to re-open the cases against assessees, it will amount to review of the assessment by the assessing authority, said the apex court.
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AO deemed to have applied his mind if facts are on record and reopening on change of opinion is not permissible even within 4 years

In CIT vs. Kelvinator of India Ltd. 256 ITR 1 the Full Bench of the Delhi High Court was considering a case of reopening u/s 147 within 4 years from the end of the assessment year. The Court held that when a regular order of assessment is passed in terms of section 143 (3) of the Act, a presumption can be raised that such an order has been passed on application of mind.
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For the kind information of the DIRM Course pursuing members

Kind attention of the members pursuing Post Qualification Course on Diploma in Insurance and Risk Management (DIRM) who have yet to pass Eligibility Test (ET) Papers is invited towards the last date for submission of ET Papers in order to become eligible to appear in the DIRM Technical Examination to be held in May 2010 (subject to fulfillment of other conditions in this regard) is 31st December, 2009. The soft copy of the ET Question Papers are hosted at our website at..
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Deduction u/s. 80-IB(10) on YOY basis to builders/developers showing profit on partial completion method

Deduction under section 80-IB(10) available on a year to year basis for an undertaking engaged in developing and building housing projects showing profit on partial completion method
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Brand Name for Packing Industry: – All is well that ends well

SSI Exemption is granted subject to fulfillment of certain conditions which are prescribed in Notification no. 8/2003. One of the conditions prescribed is that the SSI exemption will not be applicable to specified goods bearing a brand name or trade name of another person, irrespective of the fact whether such brand name was registered or not contained in Para 4 of the Notification. However, exceptions are also provided to this condition such as goods cleared as ‘origi..
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