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Archive: 17 June 2015

Posts in 17 June 2015

NSDL to release new Return Preparation Utility and File Validation Utility

June 17, 2015 1675 Views 0 comment Print

 Features of forthcoming release of TDS/TCS – Return Preparation Utility (RPU) Version 4.4 (VB based) and Version 1.2 (Java based) and TDS/TCS – File Validation Utility (FVU) (Version 4.7 and 2.143) It is proposed to release new version of NSDL e-Gov TDS/TCS – Return Preparation Utility (RPU) and File Validation Utility (FVU) tentatively on 19th […]

Understanding E-Commerce transactions-Amazon v/s Tax Authorities in Karnataka

June 17, 2015 4241 Views 0 comment Print

Flipkart, Snapdeal, Amazon!! Do they sound familiar? Of course they do. There may hardly be any person who has not heard of these E-Commerce behemoths. E-Commerce is the in thing. Anything even remotely related to E-Commerce will sell like hot potatoes. With million dollar valuations and surplus funds, these giants are here to stay.

Exemptions and Relaxations to Nidhi Companies From Few Provisions of CA, 2013

June 17, 2015 15696 Views 4 comments Print

CS S. Dhanapal Exemptions and Relaxations to Nidhi Companies From Few Provisions of Companies Act, 2013 (To Be Notified In Official Gazette) The Companies Act, 2013 has given due recognition to Nidhi Companies by treating them as a special class of companies. An entire Chapter, namely Chapter XXVI has been devoted to Nidhi Companies and […]

Rejection of claim raised in return of income ipso-facto not attract levy of penalty U/s. 271 (1) (c)

June 17, 2015 753 Views 0 comment Print

CIT Vs. G.K. Properties Private Limited (Andhra Pradesh HC) Merely because the assessee made a claim which was not acceptable ipso-facto cannot be said to have made a wrong claim by furnishing inaccurate particulars attracting penalty under Section 271(1)(c) of the Income Tax Act

Penalty proceedings can’t be initiated when there is reasonable cause of not complying with section 269S

June 17, 2015 1292 Views 0 comment Print

During the course of the assessment proceedings, it was noticed that the assessee had received a loan of Rs.30.00 lakhs in cash on 10.05.2009 thereby violating the provisions of section 269S of the I.T. Act. Accordingly, penalty notice u/s 271D of the I.T. Act was issued to the assessee on 25.04.2013 which was duly served on the assessee.

Seizure of blank cheques during search can’t be treated as an unexplained investments in absence of Additional Evidence

June 17, 2015 669 Views 0 comment Print

The Hon’ble Tribunal held that all the persons questioned have confirmed that cheques have been handed over to the appellant only as a measure of security for supply of scrap or for the purpose of obtaining the loan, but all of them have denied having obtained any loan from the appellant. The statements given by those people remains uncontroverted.

TDS not deductible on Shipment Charges Paid as Reimbursement U/S 194C

June 17, 2015 52973 Views 0 comment Print

The Hon’ble Tribunal agreeing to the contentions of the assessee held that regarding GBR, payments made to them were only towards reimbursement of shipment charges and therefore, no tax was deducted at source. Assessee did not attract the provisions of section 40(a)(ia) of the Act as reimbursement of expenses do not consist the income of the recipient

Advance received can’t be termed as a dividend U/s. 2(22)(e) when there was no accumulated profits available

June 17, 2015 532 Views 0 comment Print

The Hon’ble Tribunal while relying on the Judgment of co-ordinate Bench in the Assessee’s own case which was having similar facts in which it was observed that the advance was treated as deemed dividend u/s 2(22)(e) because it was converted as advance in the name of assessee merely through book entries and actually no money

All transactions in different bank accounts have to be taken in consideration while doing the Assessment

June 17, 2015 775 Views 0 comment Print

The CIT(A) remanded the matter and according to the remand report cash deposits were not explainable as there was cash in hand. Also, it was came to known that Assessee maintained one more account in Vijaya Bank which was not shown to the Department. Regarding the rental receipts it was observed by the AO

Reopening of Assessment u/s 147 cannot be allowed if there is any subsequent change in Law

June 17, 2015 417 Views 0 comment Print

Revenue submitted that there was no change of opinion as contended by assessee and accepted by the Ld.CIT(A) as assessee has not furnished ‘Project Completion Certificate’ nor furnished the complete details of AOP as pointed out by the AO. It was the submission that the original project has started way back in 1996 and therefore

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