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Archive: 2009

Posts in 2009

Income under each head has to be computed only after considering the income from various sources under the same head

April 5, 2009 1547 Views 0 comment Print

11 If we go to the facts of the case the business loss returned by the assessee to the extent it could not be set off was in fact carried forward and while computing the gross total income the income under the head business was nil but in fact the assessee has incurred the net business loss aggregating to Rs.21,22,545/ -. The Hon’ble High Court there also did not take the view that the gross total income of the assessee

Love and affection can be reflected by frequent acquaintance, mutual exchange of gifts, mutual help to each other

April 5, 2009 934 Views 0 comment Print

19. We have considered the rival submissions and perused the material on record. In our considered view inferences drawn by the authorities below are not sustainable in law. The grounds on which the A.O. has added the amount of gift as assessee’s income are summarized by us in para 12. We do not agree that the persons showing income of Rs.80,000 to Rs. 1,50,000 per annum would be persons

Notional advantage will not form part of actual rent received

April 5, 2009 834 Views 0 comment Print

5.11 Now coming to the merits of the case. For this purposes, we are required to consider the scheme of taxation of income from house property. Section 22 says that the measure of income from house property is its annual value. The annual value is to be decided in accordance with section 23. Sub-section (1) of section 23, by virtue of the amendment with effect from the assessment year 1976-77

Assessment can not be reopened merely on the ground of change of opinion of Assessing officer

April 5, 2009 865 Views 0 comment Print

10. Section 147 of the Act empowers the assessing officer to reopen the assessment in respect of any assessment year, if he has reason to believe that any income chargeable to tax has escaped assessment. The object of reassessment is to assess the correct income. Under section 147 of the Act, the assessing officer can assume jurisdiction to reopen the assessment only if there exists tangible material

Major amendment in Fringe Benefit Tax applicable from A.Y. 2009-2010

April 4, 2009 2121 Views 0 comment Print

Rationalisation of the provision of the Fringe Benefit Tax Sub-section (2) of section 115WB of the Income tax Act provides that where an employer incurs any expenditure, inter alia, for the purposes of entertainment, hospitality, conference, and sales promotion (including publicity), such employer shall be deemed to have provided fringe benefits to its employees. Section […]

Granting of power to the assessing officer to extend the time for completion of special audit under sub-section (2A) of section 142

April 4, 2009 603 Views 0 comment Print

Sub-sections (2A) to (2D) of section 142 deal with power of Assessing Officer to order a special audit. Such power is required to be exercised by the Assessing Officer having regard to the nature and complexity of the accounts of the Assessee and the interest of the revenue. Sub-section (2C) of the said section specifies […]

Deemed payment of tax by the employee where FBT on securities (ESOPs) allotted to him is recovered by the employer

April 4, 2009 633 Views 0 comment Print

The Central Board of Direct Taxes (CBDT) had issued circular number 9, dated 20th December, 2007, clarifying therein certain issues relating to levy of FBT on ESOPs. One of the clarifications was that if FBT on account of share allotted or transferred under ESOPs has been paid by the employer, but recovered from an employee, […]

Explanation on Relief in respect of tax on distributed profits of domestic companies

April 4, 2009 901 Views 0 comment Print

23. Relief in respect of tax on distributed profits of domestic companies 23.1 Provisions of sub-section (1) of section 115-O provide for levy of tax on distributed profits of a domestic company at the rate of fifteen per cent in addition to the income tax payable on its taxable profits. Where a parent company receives […]

For Calculation of Book Profit u/s. 115JB profit need to be increased by deferred tax and the provision thereof, if debited to profit and loss account

April 4, 2009 22243 Views 0 comment Print

With a view to clarifying the intention, a new clause has been inserted after clause (g) of the Explanation 1, as so numbered, so as to provide that the book profit shall be increased by the amount of deferred tax and the provision thereof, if debited to profit and loss account. 22.3 Further, it has also been clarified that the amount of income tax shall include,-

Partnership firms & Other Non Corporate Bodies have to abide by AS 11: ICAI

April 4, 2009 9972 Views 0 comment Print

Corporates are now breathing easy with the government deferring compliance with provisioning in their balance sheets of forex losses and gains on mark-to-market basis till 2011, but partnership firms are not as fortunate as they have to abide by this norm.

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