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Archive: 17 June 2015

Posts in 17 June 2015

Additions not valid merely on the ground of fall in GP ratio, if books of account are accepted by AO

June 17, 2015 2859 Views 0 comment Print

Assessee, a partnership firm, was engaged in the business of manufacturing of enameled wire, submersible wire, bare copper wire etc. Assessee filed its return of income related to AY 2009-10 declaring gross loss of (-)3.65% against the total turnover of Rs.590703526/- with net loss of Rs.36385885/-

Designated Court for Search / Seizure & Special Court for Securities Laws

June 17, 2015 808 Views 0 comment Print

In exercise of the powers conferred by sub-section (8) of Section 1 1C and Section 26A of the Securities and Exchange Board of India Act, 1992, Section 26A of the Securities Contracts (Regulation) Act, 1956 and Section 22C of the Depositories Act, 1996.

Jurisdictional CIT can take decision of not filing appeal in HC on his own

June 17, 2015 721 Views 0 comment Print

In stations having more than one CCIT, the decision to file an appeal before the High Court will be taken by two CCsIT including the CCIT in whose jurisdiction the matter lies. The Principal CCIT concerned may issue directions for pairing of CCsIT for this purpose. In case of disagreement between the two CCsIT, the matter will be referred to the Principal CCIT.

TDS computation if employee receives Salary from two employers

June 17, 2015 82685 Views 7 comments Print

Cases where an employee work under two employer in a single financial year Normally an employee is employed under employer during whole financial year and thus no problem arises in deduction of TDS from salary. In this case all information relating to income of employee is readily available with employer and computation task is easy […]

Peak credit theory for addition to income is applicable when deposit in bank account is out of cash withdrawals

June 17, 2015 9288 Views 0 comment Print

Peak credit theory will be applicable only when there are deposits in cash and withdrawals in cash. In the instant case when the deposits are made in cash and most of the withdrawals are by way of clearing and not cash withdrawn, therefore, the theory of peak credit is not fully applicable to the facts of this case.

Expense/Liability not allowable based on mere debit note, unless genuineness is established

June 17, 2015 1041 Views 0 comment Print

Liability need not to always be a contractual one. On the basis of understanding between the two parties, both sides have passed necessary accounting entries. It was a genuine transaction. Since the assessee was unable to complete the SEZ it transferred the land to the sister concern IGICPL.

Building Management Information System (MIS) for CBEC

June 17, 2015 1636 Views 0 comment Print

During the Board Meeting held on 20thAugust, 2014 (BMB No.18/2014), CBEC had decided to build a Management Information System (MIS) for CBEC so that various critical information relating to key result areas are collected in a reliable, efficient and useful manner. The Board had accepted the proposal to build the MIS in a phased manner as per the detailed roadmap recommended by the Working Group constituted for this purpose.

No Penalty u/s 272B, if Reasonable cause proved for missing PAN nos. in TDS returns

June 17, 2015 2078 Views 0 comment Print

Here the assessee originally did not have the correct PANs of all the persons from whose payments, tax at source was required to be deducted. Despite that, the assessee did deduct tax at source and paid the amount to the exchequer well in time. The only fault of the assessee was in not filling PANs of some of the deductees which were not available at the time of filing e-returns. As soon as the AO issued notice for imposing penalty u/s 272B, the assessee obtained the relevant PANs and complied with the requirement by filing the revised statement.

FM approves formation of 2 Committees to facilitate implementation of GST from 1.4.2016

June 17, 2015 1562 Views 0 comment Print

A Steering Committee been formed under the Co-Chairmanship of Additional Secretary, Department of Revenue and Member Secretary, Empowered Committee of State Finance Ministers. This Committee has Members from Department of Revenue, Central Board of Excise & Customs, Goods and Services Tax Network (GSTN) and representatives of State Governments.

Filling up of vacancies in grade of Inspector of Income Tax​

June 17, 2015 2030 Views 0 comment Print

Some CCA Regions have sought a clarification, whether the Steno quota for promotion to Income Tax Inspector (ITI) which remains unfilled in a particular year, gets merged into a common pool of ITl vacancies for the next vacancy year and is redistributed in the prescribed ratio of 3:1 among Ministerial and steno cadres or, remains earmarked forever for filling up by Steno cadres only.

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