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Archive: 25 September 2015

Posts in 25 September 2015

CBDT Instruction- specifying monetary limits for filing appeals has prospective effect

September 25, 2015 1881 Views 0 comment Print

In the case of CIT vs. Suman Dhamija, the Supreme Court held that CBDT Instruction specifying monetary limits for filing appeals applicable only to appeals filed after that date and not to pending appeals.

No addition U/s. 68 if credits are not related to relevant Assessment year

September 25, 2015 1594 Views 0 comment Print

Glen Villiams Vs. ACIT (ITAT Bangalore)- Assesse was a dealer of bakery products, filed its return. During assessment, it was found that assesse represented certain amount towards sundry creditors in its books.

Section 36(2)(i)- Loan- Bad Debts allowable if assessee offered interest income to tax in earlier years

September 25, 2015 4957 Views 0 comment Print

CIT Vs.Pudumjee Pulp & Paper Mills Ltd. (Bombay High Court) Assesse received interest on inter-coporate deposit which was offered to tax in earlier years. Subsequently, assesse made certain provision for bad debts.

Revenue Appeal not maintainable against addition deleted based on Remand Report

September 25, 2015 1609 Views 0 comment Print

ACIT vs. R.P.G.Credit & Capital Ltd. (ITAT Delhi) – In course of assessment, AO made addition under Section 68 .CIT (A) remanded matter back for obtaining confirmation of creditors. AO gave a remand report that he was satisfied with confirmation given by creditors and loan appeared to be genuine.

Penalty u/s 271(1)( c) justified in case of deliberate false claim of exemption in ROI

September 25, 2015 1152 Views 0 comment Print

JCIT vs. Cybertech Systems & Software P. Ltd.,(ITAT Mumbai) Assesse’s claim for exemption u/s 10B was denied. A.O. also passed a penalty order u/s 271(1)(c) for raising a false claim for exemption. Tribunal found that assesse had not even challenged rejection of claim in appeal.

Wthout assigning reasons Tribunal cannot remand matter to A.O. on matters on which in earlier years it decided in favour of Assessee

September 25, 2015 576 Views 0 comment Print

In the case of Hinduja Global Solutions Ltd. Vs. UOI Assesse’s case for exemption under section 10A was allowed in earlier years by Tribunal. During the relevant year, the Tribunal disallowed assessee claim.

Before A.Y. 2015-16 Sec. 54EC exemption limit of Rs. 50 Lakh is per year & not based on transaction

September 25, 2015 1979 Views 0 comment Print

ITAT Mumbai has held in the case of C.R. developments Vs. JCIT that time limit for investment is six months from the date of transfer and even if such investment falls under two financial years, the benefit claimed by the assessee cannot be denied.

Mere Repayment of loan not escape substantial shareholder from Section 2(22) (e)

September 25, 2015 934 Views 0 comment Print

ITAT Mumbai has In the case of CIT Vs. Sh. Chandrakant V. Gosalia held that Loan given by Company to its substantial shareholder will attracts provisions of section 2 (22)(e) of Income Tax Act,1961 if the same were not lent in ordinary course of business and mere payment of loan amount would not escape assesse from provision of Section 2 (22)(e).

Department still amending ITR Schema & Validation Rules but no extension

September 25, 2015 12308 Views 34 comments Print

In this article we have compiled the details of release of Schema of ITR Forms for AY 2015-16 , Schema of Forms (Other than ITR), Schema of Form BB (Return of Net Wealth) for AY 2015-16 and ITR Validation Rules for AY 2015-16 from the details we can make out that department has updated the […]

Highlights of Income Tax E-filing till 31st August 2015

September 25, 2015 2589 Views 0 comment Print

Highlights of e-Filing No of Registered Users as on 31/08/2015- 46926524 Peak rate of receipt of returns per day : (31/08/2015)- 1417227 Peak rate of receipt of returns per hour : (31/08/2015)- 150293 Peak rate of receipt of returns per minute: (31/08/2015)- 3475 Percentage of returns received outside office hours- 52.613% Percentage of returns filed […]

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