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Archive: 29 July 2015

Posts in 29 July 2015

Mere error would not confer jurisdiction to exercise revisional power U/s. 263

July 29, 2015 276 Views 0 comment Print

The condition precedent for exercising the revisional power under section 263 of the Act is that the order under revision should not only be erroneous, but such erroneous order should result in prejudice to the interests of the Revenue.

Penalty u/s 271AAA not justified, if A.O. makes assessment on actual income disclosed u/s 132(4)

July 29, 2015 565 Views 0 comment Print

On this undisclosed income, A.O. vide penalty order, levied penalty of Rs.2.5 crore u/s 271AAA mainly for the reason of non disclosure of the particulars of income in the statement filed u/s 132(4) by the assessee.

Onus to prove Third party documents found during search is on department

July 29, 2015 684 Views 0 comment Print

Document found during search was a third party document which was neither in the handwriting of the assessee nor bears her signature. Its inference has to be taken as stated by the person who possessed the document.

Addition u/s 68 for mere high premium on issue of shares not valid

July 29, 2015 1998 Views 0 comment Print

Whether the assessee company charged a higher premium or not, should not have been the subject matter of the enquiry in the first instance Instead, the issue was whether the amount invested by the share applicants were from legitimate sources.

If remand report given by AO is without any adverse comments then appeal of revenue would be dismissed

July 29, 2015 7175 Views 0 comment Print

ITAT held that CIT(A) had made detailed observations on the remand report of the AO who also in his report had not questioned any of the submissions made by assessee and in fact also had not made any adverse comments on the same.

Transfer Pricing- Companies having abnormal cost cannot be taken as comparable

July 29, 2015 1312 Views 0 comment Print

Assessee had reduced its operating expenses to calculate ratio of operating profit/Total cost which was the base to calculate the value of export of goods in transfer pricing on the basis that it was its first year of operation

In transfer pricing 2 companies can be compared only if they are functionally comparable

July 29, 2015 1567 Views 0 comment Print

Assessee was engaged in the field of providing insurance & Human Resources services to its associated enterprise in UK. The Ld. AO /TPO made an addition to the income of the assessee by comparing the income of the assessee with the income of the comparable companies

Provisions of Rule 8D applicable from A.Y. 2008-09 and is not retrospective

July 29, 2015 944 Views 0 comment Print

AO had disallowed the expenses u/s 14A by applying the rule 8D for the A.Y 07-08 but the assessee argued and gave the supporting of the decided case law by Hon’ble High Court in its own decision in which it was decided that the sec 14A would be applicable from A.Y 08-09

Interest earned on idle funds raised through share capital for project establishment is capital receipt

July 29, 2015 5988 Views 0 comment Print

ITAT Delhi has held in the case of ITO vs. M/s Factor Power Ltd that Interest Earned on Fund Raised Through Share Capital for installation of thermal power plant , which is been deposited temporarily in bank as fund were lying idle, with a motive to reduce the capital cost of thermal power plant

SEBI issues list of 91 Companies in which investors are advised to not to invest

July 29, 2015 166099 Views 114 comments Print

PR No. 194/2015- SEBI cautions investors not to invest in schemes offered by entities barred by SEBI from raising money or entities not registered with SEBI Certain Collective Investment Scheme(s) (CIS) have come to the notice of SEBI, which are offered by entities which are not registered with SEBI nor offer document of such schemes have […]

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