Where the assessee had its own funds as well as borrowed funds and it advanced funds to its sister concerns for allegedly non-business purposes and the question arose whether the AO was justified in disallowing the interest on the borrowed funds on the ground that they had been used for non-business purposes, HELD: Where an assessee has his own funds as well as borrowed funds, a presumption can be made that t
(i) S. 149, which imposes the limitation period, requires the notice to be “issued” but not “served” within the limitation period. Once a notice is issued within the period of limitation, jurisdiction becomes vested in the AO to proceed to reassess. Service is not a condition precedent to conferment of jurisdiction but it is a condition precedent to the making of the order of assessment;
2. This civil appeal filed by the assessee is directed against judgment and order dated 22.9.2006 in ITA No. 164/04 by the Delhi High Court. By the impugned judgment, confirming the decision of the Tribunal, the High Court has held that the appellant (assessee) is not entitled to claim depreciation under Section 32(1)(ii) of the Income-tax Act, 1961 (“1961 Act” for short) in respect of two separate transactions
Competition is again hotting up in the home loan segment. With home sales falling, banks and housing finance companies are on an overdrive to expand their credit portfolio, leading to claims and counter-claims. Even as other PSU banks have quietly started following the SBI way to freeze home loan rates at 8 per cent for […]
Time and again authorities and all stakeholders have realized that corporate governance and independent auditors are good terms and concepts to be cherished and for preaching. The recent Satyam -PWC Scam only confirms such a view. There will be such scams in future also. Even today also, there must be many balance sheets window dressed […]
(ii) where proper enquiries have been conducted by the Assessing Officer and he has followed the principles of natural justice, the order passed by him cannot be said to be erroneous and prejudicial to the interests of revenue simply because the ld. Commissioner does not agree with him and he is of the view that addition of a higher amount should have been made;
The gloves are off in the fight between the Union Government and Opposition on who is helping scam-tainted Satyam Computer Services Ltd. The Opposition charges the Congress-led United Progressive Alliance (UPA) Government of being hand-in-gloves with the Andhra Pradesh government led by YS Rajashekhar Reddy.
Ministry of Health & Family Welfare will seek the opinion of the Technical Committee in their Ministry on the issue whether raw cashew nut is an edible item covered under PFA Act or not. For the interim period, till the report of the Technical Committee is received, import consignment of raw cashew nut shall be released by customs authorities without insisting for a customs bond for re-processing as provided in Clause (1) of Section 143 of the Customs Act, 1962.
With a view to make appeals process-compliant and to ensure acceleration in the process of dispensation of justice, the Income-tax Appellate Tribunal (the Tribunal)1 has proposed to devise a new system for appeal filing and fixation.
The President ICAI requested not to send representation by individual member, instead send it to the Representation to “Representation Committee” at council, the details of which are as follows;
