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Archive: 19 June 2015

Posts in 19 June 2015

Penalty cannot be imposed if explanation given by the assessee cannot be brushed aside as totally false

June 19, 2015 1334 Views 0 comment Print

The assessment proceedings and penalty proceedings are two separate and distinct proceedings. The fact that certain additions were made in the assessment proceedings would not automatically justify for imposition of penalty u/s 271(1)(c) of the Act.

Need For Enacting New Societies Act, For New Andhra Pradesh State

June 19, 2015 2273 Views 0 comment Print

The then Government of the then Andhra Pradesh State, had successfully enacted the Andhra Pradesh Societies Registration Act, 2001 [Act No. 35 of 2001] with the following specialized advantages & privileges to the Societies under the Act:

Cash advance not claimed as deduction cannot be disallowed u/s 40A (3)

June 19, 2015 4260 Views 0 comment Print

The assessee company is engaged in real estate business. It paid cash advance for purchasing a plot and reflected it in balance sheet under loans and advances given. The AO made addition of 20 % of amount paid as advance, invoking the provisions of Section 40A(3) of the Income Tax Act, 1961.

Customs Valuation: Mark up by 1% on account of Handling, Loading and Unloading Charges

June 19, 2015 8069 Views 0 comment Print

In India, it is a common practice at customs that at the time of valuation of imported goods into India for levy of customs duty 1% mark up is made in the assessable value on account of handling, loading and unloading charges of the goods without going into detail what are in fact the actual expenses in this regard.

Income Tax Calculator AY 2015-16 / FY 2014-15

June 19, 2015 15859 Views 0 comment Print

Download Simple Income tax Calculator in Excel Format for Salaried Persons for Financial year 2014-15 / Assessment Year 2015-16. This tax calculator can be used to calculate the approximate tax payable by salaried individuals. This should NOT be used to compute the actual taxes to be paid to the Government. Download Simple Income tax calculator […]

Loan to Director – Section 185

June 19, 2015 51653 Views 2 comments Print

TO ANY OTHER PERSON IN WHOM DIRECTOR INTERESTED MEAN : i.Any other director of the lending company, or of the holding company of the lending company ii. Any partner or relative of such director iii. Any private company of which director is a director or member iv. Body Corporate in which 25% or more voting power rests with one or more directors

Investment for Leveling and filling of new agriculture land cannot be Claimed as exemption U/s 54B

June 19, 2015 2766 Views 0 comment Print

Appeal of the revenue stands allowed and only the cost of theland has to be considered for calculating exemption u/s 54B no other expenses will be taken into account. So ITAT disallowed the expenses of leveling and filing of land and set aside the order of CIT(A) and restore that of A.O on this issue.

ITR of politicians cannot be provided under RTI unless its in in Public Interest

June 19, 2015 2301 Views 0 comment Print

The sole issue in the present writ petition is whether information related to income-tax returns of politician can be provided to any individual in purview of proviso of section 8 (1) (j) of the Right to Information Act, 2005. Whether the petitioner is entitled to the information

Authorization of Commissioners to represent UOI& Others in matters before HC

June 19, 2015 3748 Views 0 comment Print

Letter F.No. 275/65/2013-CX.8A dated 19.06.2015 regarding Procedural Clarification in respect of the issues relating to the ‘authorization’ of the Commissioners to represent the Union Of India and Others in matters before the High Court.

Issue of appellate order by CIT (A) within 15 days of last hearing

June 19, 2015 915 Views 0 comment Print

CBDT has lately noticed that terms of Instruction No. 20/2003, dated 23.12.2003(copy enclosed) on the subject mentioned above are not being adhered to. The operative part of the Instruction is reproduced below for ready reference;

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