undisputed fact

Determination of nature of fees received by a foreign company from its Indian branch

The undisputed fact which is confirmed by the learned counsel for the assessee, Shri Porus Kaka is that, no e-mail, correspondence, bill or any other documents or evidence pertaining to the impugned assessment year 2003-04 has been furnished or filed before the assessing officer during the assessment proceedings despite requests to do so. Shri Porus Kaka on this undisputed fact wants us to rely on the copy of the e-mail correspondence of 27-10-1997 of one Ms. Sonali Sura..
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Levy of penalty for declaration of in-genuine gift in revised return u/s. 139(5) of IT Act

SUMMARY OF CASE LAW Section 139(5) has not been enacted for providing an escape route to the assessee when he is caught in the penal provisions relating to evasion of tax and AO is in the process of collecting evidence to nail him down; it is not the intention of law to give a right [...]
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