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Archive: 19 September 2015

Posts in 19 September 2015

Addition based on third party evidence not tenable if no evidence found from assessee

September 19, 2015 8971 Views 0 comment Print

Shri Vinit Ranawat vs. ACIT (ITAT Pune)- Referring to the provisions of section 153A he submitted that the same is to be invoked for making an assessment of the person searched on the basis of the material found during the course of search on that person.

Assessment order liable to set aside, if JCIT approval is without application of mind

September 19, 2015 1699 Views 0 comment Print

In the case of Smt. Shreelekha Damani, vs. The DCIT (OSD-1)CR-7 ITAT has held that In our considered opinion, the power vested in the Joint Commissioner/Addl Commissioner to grant or not to grant approval is coupled with a duty.

CIT cannot revoke section 263 when AO adopts one view out of two possible views : HC

September 19, 2015 561 Views 0 comment Print

Bombay High court held In the case of M/s Vijay Udhyog vs. CIT that where two opinion or views are available and one of the view is taken by the AO, cannot be a basis for revision of order u/s 263. Also none of the clauses of section 80I(2)(i) to (iv) prohibit the assessee from taking other industrial undertakings on hire and use it for the purpose of manufacturing activity.

Deduction u/s 54EC allowable on investment after six months if bonds were not available

September 19, 2015 2222 Views 0 comment Print

In the case of ACIT Vs Shri Kamlakar Moghe it was held by Nagpur Bench of Bombay HC that deduction u/s 54EC can be claimed by the assessee despite making the investment in REC bonds beyond six months if the delay was due to non-availability of the REC Bonds.

Demand for extension of Tax Audit Due Date: A Practical Permanent Solution

September 19, 2015 8680 Views 0 comment Print

Almost each year due to one and other reason tax consultants or tax payers demand extension of due date for filing Tax Audit Report under section 44AB of The Income Tax Act 1961 and Income Tax Return under section 139 of The Income Tax Act 1961.

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