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Archive: 28 October 2015

Posts in 28 October 2015

Reopening after 4 years not permissible if all accounts & records were made available at the time of original assessment – HC

October 28, 2015 670 Views 0 comment Print

Delhi High Court held In the case of Consultating Engineering Services (India) Ltd. vs. DCIT that for reassessment as per first proviso of section 147, it is pre- condition that the assessee has not made a full and true disclosure of the material particulars necessary for the assessment.

Aftermath of National Judicial Commission

October 28, 2015 651 Views 2 comments Print

In conclusion, it is difficult to hold, in view of the factual position expressed above, that the wisdom of appointment of Judges, can be shared with the political-executive. In India, the organic development of civil society, has not as yet sufficiently evolved.

Commission based on profit per cent taxable in year in which profits of company gets finalized

October 28, 2015 1206 Views 0 comment Print

ACIT Vs. Sri Sandip Somany (ITAT Kolkata)- We find that the assessee being a Joint Managing Director of M/s Hindustan Sanitary Ware and Industries Ltd was in receipt of commission based on net profits of the company determined and finalized in the subsequent year

Taxation of Works Contracts under TN VAT Vs Profit maximization in project execution

October 28, 2015 45097 Views 5 comments Print

Meaning of Works Contract in TN VAT: Sec 2(43) defines as Works Contract includes any agreement for carrying out for cash, deferred payment or other valuable consideration, building construction, manufacture, processing, fabrication, erection, installation, fitting out, improvement, modification, repair or commissioning of any movable or immovable property.

Profit on sale of Agricultural Land cannot be taxed as Business Income for mere absence of Agricultural Activity

October 28, 2015 1571 Views 0 comment Print

Mr.Vinod D Motiwala Vs. ITO (ITAT Mumbai)- AO has considered the fact that the assessee did not carry on any agricultural activity. In our view, the absence of agricultural activity cannot be considered to be the sole ground to determine the intention of the assessee.

TDS on EPF and Submission of Form 15G & 15H

October 28, 2015 20256 Views 1 comment Print

Simplification of Tax Deduction at Source (TDS) mechanism for Employees Provident Fund Scheme (EPFS) Under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (EPF & MP Act, 1952), certain specified employers are required to comply with the Employees Provident Fund Scheme, 1952 (EPFS). However, these employers are also permitted to establish and manage their […]

Expenses on repairs to put new flat in habitable condition allowable U/s. 54

October 28, 2015 2240 Views 0 comment Print

JCIT vs Smt. Armeda K. Bhaya 95 ITD 313 (Mum.) Section 54 Benefit cannot be reduced proportionately merely because in the Purchase or Sell deed of Property Purchased or Sold name of a Family Member incorporated as co-owner for the sake of convenience

Time gap between withdrawal of cash & spending of cash not relevant unless it is proved that assessee spent the amount somewhere else

October 28, 2015 988 Views 0 comment Print

ITO Vs. Shri pardeep Singh Hooda (ITAT Chandigarh) ITAT held that there was no big or unreasonable gap between the amount withdrawn from the bank account and paid for purchase of the property. Since the amount was taken into cashbook after withdrawal from the bank account

5 Reasons for Investing Early in ULIPs

October 28, 2015 742 Views 0 comment Print

Wouldn’t it be great if you could buy an insurance policy that also multiplies your wealth? That’s a Unit Linked Insurance Plan (ULIP) for you. A ULIP gives you the advantage of investing in an insurance policy and a mutual fund without having to make two separate investments. They are investment products that offer good […]

Representation of cases before Authority for Advance Ruling-reg.

October 28, 2015 743 Views 0 comment Print

F.No. 225/26112015/ITA.II As per provisions of sub-section (6) of section 245R of the Income-tax Act, 1961 [‘Act’], the Authority for Advance Ruling (AAR) [hereinafter referred to as ‘Authority] is required to pronounce its advance ruling, on an application made by an applicant desirous of obtaining such ruling,within six months from the date of its receipt.

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