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Archive: January, 2015

Posts in January, 2015

Section 54 places thrust on investment & not on completion

January 11, 2015 4445 Views 0 comment Print

Smt. Rajneet Sandhu vs. DCIT (2010) 133 TTJ 0064 (Chandigarh): In this case the construction of the house was not completed within the prescribed period. It was held that section 54F does not prescribe that the residential house should be completed within the prescribed period and benefit under s. 54F was allowed.

Deduction U/s. 80IB(10) cannot be denied for mere delay in issue of completion certificate by Municipality

January 11, 2015 2379 Views 0 comment Print

Entire case of the Assessing Officer rests on Explanation (ii) to section 80IB(10)(a) of the Act which prescribes that the date of completion of construction of the housing project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the local authority.

Penalty imposed u/s 271(1)(c) cannot survive if issue is debatable & admitted by HC

January 11, 2015 1828 Views 0 comment Print

when the Hon’ble jurisdictional High Court has admitted substantial question of law on the addition, it becomes apparent that the addition so made has become debatable. The penalty was imposed on the basis of addition so made, therefore, when the addition on the basis of which the penalty was imposed has become doubtful/debatable, therefore, penalty imposed u/s 271(1)(c) of the Act cannot survive.

Depreciation optional- Assessee can claim Depreciation partly in respect of certain block of assets & not in respect of other

January 11, 2015 3986 Views 0 comment Print

Tribunal is right in law and on facts in holding that depreciation not claimed for by the assessee, cannot be allowed as a deduction despite the introduction of the concept of block assets. Depreciation is optional to the assessee and once he chooses not to claim it, the Assessing Officer cannot allow it while computing the income. Further, once the depreciation is option, applying the same ratio of Gujarat High Court and other Courts, it will be optional for block of assets also.

Know Your Customer Guidelines – Faqs

January 11, 2015 2003 Views 0 comment Print

What is KYC? Why is it required? Response: KYC means ‘Know Your Customer’. It is a process by which banks obtain information about the identity and address of the customers. This process helps to ensure that banks’ services are not misused. The KYC procedure is to be completed by the banks while opening accounts and also periodically update the same.

HC on Illegal Detention of Vehicle & Seizure of Goods under Transportation by VAT Authorities

January 10, 2015 5571 Views 0 comment Print

Learn about the High Courts ruling on illegal detention of vehicles and seizure of goods by VAT authorities. Find out about the consequences for erring officials.

TDS u/s 194C not applicable on Hotel Booking

January 10, 2015 211364 Views 13 comments Print

Section 194C of the I.T. Act provide that any person responsible for paying any sum to any resident for carrying out any work (including supply of labour) for carrying out any work, in pursuance of a contract between the contractor and a specified person, shall, at the time of credit of such sum to the account of the contractor

Top I-T official, CA held by CBI on graft charge

January 10, 2015 1343 Views 0 comment Print

A Joint Commissioner of Income Tax Department and a Chartered Accountant were today arrested here by CBI on charges of receiving and offering a bribe of Rs eight lakh respectively for an official favour. A CBI release here tonight said Joint Commissioner Sallong Yaden was held while ‘receiving’ the bribe amount from Shreyans Bhandari of […]

Discrepancies in TDS deducted & claimed- Deductors Duties

January 10, 2015 6185 Views 0 comment Print

Nowadays Centralized Processing Cell (TDS) is intimating discrepancies observed with respect to TAN of the deductors in the ‘TDS claimed by the taxpayers in their Income Tax Returns’ vis-á-vis ‘Tax Credits available as per 26AS Statements’, for the Financial Years 2011, 2012 and 2013.

SEBI Discussion Paper on 'Revisiting the capital raising process'

January 10, 2015 3629 Views 0 comment Print

Securities market, including the market for public offerings, is dynamic and need to keep pace with the evolving environment. In order to keep pace with the changing economic environment and to address concerns of various market participants especially the issuers and the investing community, the regulations governing the primary market have been amended from time […]

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