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Archive: June, 2015

Posts in June, 2015

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

June 17, 2015 978 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 55466 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 715 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 991 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 615 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

Orders u/s 263 could be passed only after taking into consideration explanation offered by the Assessee

June 17, 2015 591 Views 0 comment Print

Impugned order has been passed by the Ld. CIT under section 263 without considering the explanation offered by the assessee and without applying his mind. The failure of the Ld. CIT, however, does not constitute any legal infirmity to make the order passed by him under section 263 invalid

HUF will be treated as Relative u/s 56(2)(vi)

June 17, 2015 2756 Views 0 comment Print

The expression HUF must be construed in the sense in which it is understood under the Hindu law HUF constitutes all persons lineally descended from a common ancestor and includes their mothers, wives or widows and unmarried daughters.

Delay could be condoned on the ground of Wrong Advice of Counsel

June 17, 2015 1224 Views 0 comment Print

Tribunal held that in order to impart justice to the employees/assesses the delay deserves to be condoned. Accordingly, the Tribunal condoned the delay in filing the appeals. Regarding the issue of Section 10(10)(C), the Hon’ble Tribunal allowed the claim of the assessee holding that the authorities below were not justified in disallowing the amount of Rs.5 lacs

Deduction U/s. 10B is allowed only on “undertaking” not on “whole Business”

June 17, 2015 780 Views 0 comment Print

The Hon’ble Tribunal observed that the company has maintained and submitted separate set of accounts. There was a confusion between the total turnover of the business and total turnover of the undertaking. The Hon’ble Tribunal held that in the proviso to section 10B, there is reference to computation of total income of Undertaking.

Exemptions and Relaxations to Government Companies from few provisions of CA,2013

June 17, 2015 23161 Views 0 comment Print

CS S. Dhanapal Exemptions and Relaxations To Government Companies From Few Provisions of Companies Act, 2013 (To Be Notified In Official Gazette) Since the introduction of the Companies Act, 2013 in September 2013, certain class of companies like Private Companies, Government Companies etc. was feeling the pressure of the rigorous provisions of the Act and […]

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