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Archive: 15 June 2014

Posts in 15 June 2014

AO can initiate penalty proceeding only on issues on which he directs initiation of penalty proceeding in his Assessment Order

June 15, 2014 4153 Views 0 comment Print

Section 271(1)(c) empowers inter alia the Assessing Officer, where he is satisfied in the course of any proceedings under the Act that the assessee had concealed the particulars of his income or furnished inaccurate particulars of such income, to direct the payment of penalty. Sub-section (1B) was introduced by way of an amendment by the Finance Act, 2008 with retrospective effect from 1 April 1989. Sub-section (1B) reads as follows

Family arrangement cannot be regarded as being without consideration

June 15, 2014 1778 Views 0 comment Print

The issue before us is whether the transfer of the shares of Nestle India Ltd and Hindustan Lever Ltd held by the members of Bilakhia family as investment by them to the assessee-company as per family arrangement dated 16-02-2001 claimed to have been transferred without

Penalty cannot be levied for every disallowance made in assessment order

June 15, 2014 1832 Views 0 comment Print

Assessee has not concealed anything in this regard. Therefore, it cannot be a case of concealment of facts. As far as the filing of inaccurate particulars of income is concerned, we hold that assessee was having huge carry forward losses and depreciation and the return was filed at nil income.

Extended period of limitation U/s. 153 and Us/. 267

June 15, 2014 2231 Views 0 comment Print

Time limits set out under section 153, for completing the assessments, reassessments and recomputations, are concerned, is that these time limits do not apply in the cases “where the assessment, reassessment or recomputation is made on the assessee or any person

Deemed dividend provisions not applicable to sum advanced to shareholder in ordinary course of business

June 15, 2014 2839 Views 0 comment Print

The assessee is the proprietor of Shri Vekkaliamman Builders and Promoters and he also happens to be the Managing Director of Southern Academy of Maritime Studies Private Limited, in which he holds share of 63%.

High Court’s order On Contempt Petition By ITAT Member against CA and Advocate

June 15, 2014 2947 Views 0 comment Print

It is well settled that proceedings under the Contempt of Courts Act are quasi-criminal in nature and hence, no action under the Act can be taken unless a clear case of criminal contempt is made out.

Govt may hike Income Tax exemption limit from Rs 2 lakh to Rs 5 lakh

June 15, 2014 13406 Views 0 comment Print

As reported by some of the newspapers and PTI GOvernment may provide a  major relief to the tax-payers, by increasing the Income Tax slab limit for exemption from Rs.2 lakh to Rs.5 lakh. According to sources, the Finance Ministry has also sought a report on the same from the I-T department. The CBTD is likely […]

Introduce Policy on Retrospective Legislation – FICCI

June 15, 2014 1127 Views 0 comment Print

A major setback to the investment climate in India in the recent times has been the slew of retrospective amendments carried out in the tax laws as a part of the Finance Act, 2012. FICCI believes that is crucial for the Government to declare as a policy that retrospective legislation shall not be resorted to, save in rarest of cases,

Generate PDF or Print automatically with Microsoft Excel

June 15, 2014 19616 Views 0 comment Print

Generate PDF automatically or Print automatically saving human time, energy and resources In my earlier Article How to send form 16, Form 16A and other Forms automatically  , we saw how Form 16/16A can be sent to the Deductees automatically saving human time, energy and resources! Here you will see generating PDF and Printing automatically […]

FICCI supports proposal to enhance FDI levels in Defence subject to Strategic Safeguards

June 15, 2014 610 Views 0 comment Print

Consistent with its support of an aggressive policy towards development and employment via the manufacturing sector, FICCI welcomes the proposal put forth by the Ministry of Commerce and Industry to enhance FDI levels in defence beyond 26% to higher levels up to 49%, 74% or even 100% in exceptional cases

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