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Archive: May, 2009

Posts in May, 2009

Download E-Filing ITR 1, ITR 2, ITR-3 & ITR-4 for A.Y. 2009-10 Released by Income Tax Department

May 18, 2009 12138 Views 34 comments Print

Filing of Income Tax returns is a legal obligation of every Individual/HUF whose total income for the previous year has exceeded the maximum amount that is not chargeable for income tax under the provisions of the I.T Act, 1961. Income Tax Department has introduced a convenient way to file these returns online using the Internet.

ICAI relaxes rule for appointment of internal auditors as tax auditors

May 17, 2009 1336 Views 0 comment Print

Accounting regulator ICAI today issued a clarification saying that internal auditors appointed as tax auditors can continue to do their work if their selection for the job took place before December 12 last year. The Institute of Chartered Accountants of India decided that with effect from December 12 last year internal auditors cannot be appointed […]

Principle of mutuality where the income of the mutual concern is the contributions received from its contributors

May 17, 2009 2677 Views 0 comment Print

8. Having heard the learned counsel Mr C.S. Aggarwal, Sr. Advocate for the assessee-company and Ms Prem Lata Bansal for the Revenue we are of the view that the judgment deserves to be sustained. The principle of mutuality as enunciated by the Courts in various cases is applicable to a situation where the income of the mutual concern is the contributions received from its contributors

High Court Interference would be justified only if it appears that the conclusions made by ITAT palpably perverse

May 17, 2009 1231 Views 0 comment Print

4. At the outset, we need to underscore that so far as findings of fact are concerned interference of the High Court would be justified only if it appears to it that the conclusions arrived at by the ITAT are palpably perverse. 5. The entitlement of sundry parties to the receipt of commission essentially entails a determination

Concessional ticket to travel Agents cannot be termed as commission

May 17, 2009 1906 Views 0 comment Print

12. In order to come to a definite conclusion whether section 194H of the Act would be applicable to the assessee-airline in respect of transaction, in issue, we propose to first look at the scope and ambit of section 194H of the Act and then analyse the transaction as to whether it falls within the purview of the said Section. In this context, it would be necessary to extract the relevant portions of Section 194H of the Act.

Estimated expenditure towards warranty is allowable

May 17, 2009 637 Views 0 comment Print

The assessee sold valve actuators. At the time of sale, the assessee provided standard warranty that if the product was defective within the stated period, the product would be rectified or replaced free of charge. For AY 1991-92, the assessee made a provision for warranty at Rs.10,18,800 at the rate of 1.5% of the turnover. As the actual expenditure was only Rs. 5,18,554,

Validity of order passed under section 281B of IT Act, 1961: HC

May 16, 2009 2017 Views 0 comment Print

19. It is true that attaching the properties of an assessee even before the crystlisation of the demand is a drastic step and has to be exercised only in extreme circumstances. Whether extreme circumstances existed in the present case so as to levy provisional attachment under section 281B of the Act is the question. 20. In the present case, the incriminating documents seized during the course of search and seizure

Proceedings u/s. 147 / 148 do not set aside original proceedings

May 16, 2009 933 Views 0 comment Print

8.3 It cannot be disputed and it is not the case of either side that the reasons extracted hereinabove did not precede the issuance of notice under Section 148(1) of the Act. The requirement for recordal of reasons by the Assessing Officer before issuing a notice is provided for under sub-section (2) of Section 148 of the Act. 8.4 A perusal of the reasons would thus show that the Assessing Officer was

Interest income from banks on fixed deposits not necessarily Income from Other Sources

May 16, 2009 9990 Views 0 comment Print

6.1 The main question before us for decision is whether the interest income could be treated as “business income” or “income from other sources”. The answer to this question has to depend on how the interest income derived by the assessee. No doubt, normally, on the placing of funds in banks on short-term or long-term deposits the interest income derived from those sources would be “income from other sources”

Department can’t to decide when assessee to borrow and when it should not borrow

May 16, 2009 613 Views 0 comment Print

6. We have heard the rival submissions and perused the orders of the lower authorities and the material available on record. In the instant case it is observed that interest expenditure claimed by the assessee at an amount of Rs. 27.90 lacs was disallowed by the Assessing Officer which was restricted by the Commissioner (Appeals) to Rs. 27.75 lacs being net amount of interest paid by the assessee

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