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Archive: 30 June 2015

Posts in 30 June 2015

Second proviso to section 40(a)(ia) is curative and has retrospective effect, Appeal allowed

June 30, 2015 783 Views 0 comment Print

Second proviso to section 40(a)(ia) provides that where the assessee is not deemed to be assessee in default under the first proviso to sub-section (1) of section 201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee

Self serving recitals cannot be accepted as true Unless the assessee proves it

June 30, 2015 340 Views 0 comment Print

In the present case, AO come to know about cash deposit of Rs.13.01 Lac by the assessee through AIR Information. On being called upon to explain the source of such cash deposit, assessee submitted that he has inherited a sum of Rs.13 lac from his mother who has died on 14-08-2006 and produced copy of her income tax return,

Some important aspects of allowability of business claim and concealment of penalty

June 30, 2015 432 Views 0 comment Print

Investments are made in Govt. securities, debentures, bonds having fixed rate of return. Assessee is maintaining books of account on mercantile system i.e, on accrual basis. Whether Payment of Interest accrues on day to day basis? Referring to the decision of tribunal, high-court and Supreme Court in various cases sighted

Review u/s 254(2) only if there is a mistake apparent from the record

June 30, 2015 705 Views 0 comment Print

If the AO had reopened the assessment and made a disallowance and these facts could affect the outcome of the issue, the AO should appear before the FAA to file an explanation about the chronology of events. But, in any manner the subsequent decision taken by the AO cannot be held to be a mistake apparent from the record.

Issue of ‘treatment of forfeiture of guarantee amount given for purchase of machinery’ , ‘validity of entertaining Revised claim and disallowance u/s 14A

June 30, 2015 967 Views 0 comment Print

The assessee company rather assumed the risk of taking the liability of another company which cannot be said to be for business purpose of the assessee. Hence, the activity of advancing the money and paying the debt of the M/s. Vinedale Ltd. which was on account of purchase of machinery being capital asset, cannot be said to be the business activity

Levy of Penalty u/s 221 by A.O. is discretionary and can be waived off if Good and sufficient reasons exists

June 30, 2015 6076 Views 0 comment Print

In the instant case, the assessee has proved beyond doubt that the default by him in not paying the self-assessment tax is not wilful and it was beyond his control as there was no sufficient money available with him to pay the self-assessment tax especially when the income is mainly from short term and long term capital gain.

AP HC on Sales Tax on Goods moved from one state to other for execution of work contract

June 30, 2015 958 Views 0 comment Print

The State of Andhra Pradesh Vs. M/s The Indian Hume Pipe Co., Ltd. (High Court), At the outset, it may be noted that consequent to the Constitutional amendment, levy of Sales Tax on the Works Contract came to be introduced in the State of Andhra Pradesh with effect from 01.07.1985.

Interest u/s 215 cannot be levied if partner had paid advance tax in individual capacity on bonafide estimate of firm’s income

June 30, 2015 706 Views 0 comment Print

Punjab & Haryana High Court in CIT Vs M/s Mahesh Munjal HUF held that if the assesse had paid advance tax in his individual capacity after considering his estimated share in his firm’s income without any anticipation that the firm’s income on which he was paying advance tax was false then interest u/s 215 could not be levied.

Provisions relating to import of certain categories of processed metallic scrap

June 30, 2015 1132 Views 0 comment Print

Provision relating to import of certain categories of processed metallic scrap, at designated ports having Scanner/Radiological Detection Equipments (RDEs), has been notified. Three new Appendices 2G-1, 2-H-1 and 2N-2 are inserted in the Appendices and Aayat Niryat Forms of FTP, 2015-20.

Prohibition on Trade with ISIS, ISIL, Al Nusrah Front and others associated with Al Qaida

June 30, 2015 307 Views 0 comment Print

Trade with ISIL and related terrorist organisations in oil and oil products (hydrocarbons) and items of cultural, scientific and religious importance is Prohibited. Prohibition on Trade with ISIS, ISIL, Al Nusrah Front [ANF] and others associated with Al Qaida.

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