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Archive: 06 September 2015

Posts in 06 September 2015

TAR Due Date- Request to FM to take note of CBDT wrong doing

September 6, 2015 11591 Views 0 comment Print

I would like to attract your attention for seeking extension of the Tax Audit date of 30th September 2015 as it is totally unjustified to look towards the fraternity of Chartered Accountants to complete their job within 23 days against statutory availability of 180 days.

Reservation…whether time has come to have a re-look at it?

September 6, 2015 1610 Views 7 comments Print

As I close this article today on September 6, 2015, the Indian Express is carrying an interview of Mr. Sitaram Yechuri with the heading If caste numbers are known, Janata Parties will gain. That’s why Census data is not coming out.

sec 263 can be invoked If assessment has been done without examinations/inquiry

September 6, 2015 769 Views 0 comment Print

ITAT Delhi held in Ambience Hotel & Resort Pvt. Vs CIT that if the AO had done his assessment ignoring the provisions of the IT act and TPA and ignoring the examinations/inquiry then that assessment was erroneous

NO TDS on payment of Interest by co-operative society to its Members

September 6, 2015 2465 Views 0 comment Print

ITAT held in Almora Urban Co-operative Bank Ltd Vs ITO that TDS was not required to be deducted when co-operative society pays interest to its members as per sec 194A(3).

Hundi discounting charges to carry on business is revenue expenses

September 6, 2015 4865 Views 0 comment Print

Delhi High Court held in CIT Vs DLF Universal Ltd held that If assessee got hundi from its suppliers and get it discounted from the bank ,then the discounting charges paid by the assessee would be treated as a revenue expense;

Penalty u/s 271D & 271E for raising & repayment of loans in cash cannot be imposed if sufficient reasonable cause exist

September 6, 2015 2756 Views 0 comment Print

ITAT held in Envogue Wood Working Pvt Ltd Vs ACIT that if the assessee had taken and repaid the loan in cash and provided the sufficient reasonable cause of doing such then penalty u/s 271D & 271E would not be imposed.

Order u/s 250 cannot be passed ex-parte without giving reasonable opportunity of being heard to assessee

September 6, 2015 7423 Views 0 comment Print

ITAT Delhi held in Executive solutions Pvt Ltd Vs ITO that reasonable opportunity of being heard should be given to the assessee as per the principle of natural justice irrespective of the fact the number of times opportunity of being heard had already been given to the assessee.

‘Such income’ in Section 11(1)(a) stands for ‘Gross Income’ not ‘Net Income’

September 6, 2015 29674 Views 0 comment Print

Public Education Society Vs DDIT (Exemptions) (Bangalore ITAT) Since the expenditure incurred by the assessee was more than 93% of the gross receipts, no part of the gross receipts are liable to be taxed in the year under consideration, as the balance amount was set apart for application in the next year.

Credit of AED (Textile & Textile Articles) should be utilised for payment of AED (Textiles & Textiles Articles)-HC

September 6, 2015 2919 Views 0 comment Print

Raymond Limited V/s. CCEC (Bombay High Court) The Hon’ble Court is of the opinion that there is no substance in the argument that between 1st March, 2002 to 9th September, 2004 the credit of AED(T&TA) can be used for payment of any of the specified duty referred to in Sub­Rule (1) of Rule 3.

No Interest is payable, if differential duty is paid before finalisation of Provisional Assessment-HC

September 6, 2015 3857 Views 0 comment Print

CEAT Limited V/s CCE&C( Bombay High Court)- If the liability to pay interest between the time or the period of provisional assessment and payment of differential duty until the final assessment has to be read in the Rule, that is not possible.

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