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Archive: 2009

Posts in 2009

Rectification of order passed by tribunal under section 254(2) of IT Act, 1961

July 18, 2009 918 Views 0 comment Print

4. We have carefully considered the arguments on both the sides. We have also perused the order sought to be rectified. The Tribunal while deciding the appeal formulated the questions arising in the appeal. These are No.l to 5 as recorded in para 17 of the order. As regards first question the Tribunal held that the assessee has business connection in India. However, after considering clause (a) of Explanation 1 to section 9(1 )(i) of the Act

Mere enquiry about any loan/gift does not tantamount to detection of concealment of income

July 18, 2009 474 Views 0 comment Print

15. Though a search and seizure operation was conducted on 31.05.2003, but no indiscrirninating material was found therein. It seems that consequent upon the search in response to a notice under section 153A the assessee opted that the original return be taken as a return under the aforesaid provision. Thereafter, a questionnaire was issued requiring the assessee to inter-alia file the details of loans and gifts

No denial of Local authority status for non-election of members of assessee-Mandi Parishad

July 18, 2009 6140 Views 0 comment Print

15. We have heard both the parties at length and carefully gone through the materials available on record. In the instant case, the controversy to be resolved is whether assessee was a Local Authority for the year under consideration and as such was eligible for exemption of income u/s. 10(20) of the Act or not. Section 10 of the Act deals with the income which are not to be included in computing total income of previous year

Mumbai ITAT Bench not functioning from 20.07.09 to 24.07.09

July 17, 2009 682 Views 0 comment Print

The following Benches will not function during the period from 20.07.09 to 24.07.09 “A1, B1, E1, H, L, & WT” The cases hanve been adjourned to respective dates – See seprate notice.

Small business been given Tax breather in Union Budget 2009

July 17, 2009 1110 Views 0 comment Print

Discover the tax benefits for small businesses in Union Budget 2009. Simplified tax code, exemption from compliance procedures, and more.

Union Budget 2009 covered Gifts and deemed Gifts of Properties under tax net

July 17, 2009 939 Views 0 comment Print

Under the existing provisions, in a nutshell, gifts received by individuals and HUFs, only as sum of money from non relatives in excess of Rs.50000/- per annum are taxable. Gifts on the occasion of marriage or under a will are also outside the tax net. Gifts in kind are also not taxable. Now the gifts in kinds are being made taxable in the hands of recipients. Cases of deemed gifts due to inadequate considerations are also being brought in the tax net.

No separate empanelment for NABARD

July 17, 2009 5066 Views 0 comment Print

As everybody is already aware, National Bank for Agriculture and Rural Development (NABARD) takes panel from the Institute of Chartered Accountants of India for the empanelment of Statutory Auditors of Regional Rural Banks. (RRBs). In this context, it is advised that members should refrain from sending separate empanelment application/bio data directly to the NABARD for […]

Transfer Fees recd by Co-op Hsg Soc from members as per bye-laws or Government directions is exempt

July 17, 2009 10775 Views 0 comment Print

The society is registered with the object principally of looking after the property including building thereon. There is no trading or business transactions. The members by adopting the bye-laws agree amongst themselves that a fee for transfer of flat/tenement when it is sold would be paid to the society. It may be that both incoming or outgoing member have to contribute to the common fund of the society

Charter ship hire payments not royalty within the meaning of section 9 of IT Act

July 17, 2009 828 Views 0 comment Print

12. Section 9(l)(vi)(c) provides that any income by way of royalty payable by a person who is a resident except where the royalty is payable in respect of any right, property or information used or services utilized for the purpose of a business or profession carried on by such person outside India or for the purposes of business or profession carried on by such person outside India or for the purpose

Furnishing bank guarantee cannot be equated with actual payment under Section 43B of IT Act

July 17, 2009 1285 Views 0 comment Print

8. We shall first deal with the question whether furnishing of bank guarantee amounts to actual payment and fulfils the conditions stipulated in section 43B of the Act. The requirement of Section 43B of the Act is the actual payment and not deemed payment as condition precedent for making the claim for deduction in respect of any of the expenditure incurred by the assessee during the relevant previous year specified in Section 43B.

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