furnishing

There are over five million income tax payers in India and this number is fast growing. The tax department, therefore, has to deal with millions of fresh returns every year. The tax returns along with annexures make a very huge mass of records which is nearly impossible to handle in a properly required manner. Full Article

We have heard both the sides in detail. Thrust given by the C1T(A) on the mens rea reflected in the conduct of the assessee does not survive with usual force, since the judgment of the Hon'ble Supreme Court in the case of Union of India & Others Vs. Dharmendra Textiles Processors & Ors., 306 1TR 277. The Supreme Court has held in the said case that willful concealment is not essential for attracting civil liability of penalty under Section 271(1 )(c) of the Act. The othe.. Full Article

In the case of CIT Vs. Manga Ram & Sons 107 ITR 307 (All.) and in CIT Vs. Sarankhan Siri Sugar Works 246 ITR 216 (All) proposition of the law laid down by the Hon'ble High Court are that if the income is surrendered with the condition that no penalty be imposed on the assessee. The Assessing Officer is not justified in imposing the penalty. Full Article

The scrutiny of returns had been a regular measure to check tax evasion since long. The collection of information for the purpose of making enquiries in the course of such scrutiny assessments is as much important as the assessment proceedings itself. There are various provisions in the Income-tax Act, 1961 for the purpose of collecting information directly from the assessees as also from the others for the purposes of making such enquiries at various stages of assessmen.. Full Article

In view of the above, while remitting consular receipts abroad, diplomatic missions in India will be required to submit only a self certified undertaking in Form No 15CA to the remitter bank. They are not required to obtain a certificate from an accountant/ certificate of Assessing officer (Form 15CB). The procedure for furnishing information regarding remittances of consular receipts by diplomatic missions in India will be as follows:- Full Article

Know Your Customer (KYC) norms / Anti-Money Laundering (AML) standards / Combating Financing of Terrorism (CFT) / Obligation of banks under Prevention of Money Laundering Act, 2002 – Urban Co-operative Banks. Full Article

SUMMARY OF CASE LAW Even post Dharmendra Textile Processors’ judgment by the Supreme Court, merely because an addition is made to the income declared by the assessee, penalty under section 271(1)(c) cannot be imposed; Supreme Court’s judgment in the case of Dharmendra Textile Processor’s case does not bring about any radical change in the scheme [...] Full Article

SUMMARY OF CASE LAW By no stretch of imagination it can be said that furnishing of bank guarantee is actual payment of tax or duty in cash; the bank guarantee is nothing but a guarantee for payment on some happening and that cannot be actual payment as required under section 43B for allowance as deduction [...] Full Article