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Archive: October, 2015

Posts in October, 2015

Addition based on negative stock, calculated by AO by preparing monthly trading account not sustainable

October 28, 2015 2839 Views 1 comment Print

ITAT Chandigarh held In the case of DCIT vs. M/s Smart Value Product & Services Ltd. that no defects in the purchases and sales have been pointed out by the AO. The assessee produced complete books of account, sales and purchase vouchers.

Extension of last date of filing of AOC-4, AOC-4 XBRL and MGT-7 E-Forms

October 28, 2015 324 Views 0 comment Print

It has been decided to relax the additional fee payable on forms AOC-4 and AOC-4 XBRL upto 30th November, 2015. The additional fee requirement for MGT-7 E-Form is also relaxed for all such forms filed till 30th November, 2015, wherever additional fee is applicable.

No Violation of Section 13 on refund of Advance against property with Interest from Interested Parties

October 28, 2015 3224 Views 0 comment Print

M/s Vels Institute of Science Technology & Advanced Studies Vs. DDIT (E)- ITAT Chennai- Section 13(1)(a) says that if any part of the property or income of the Trust is given to the interested person without either adequate security or adequate interest

Analysis of materials after reopening of assessment is post mortem exercise which is not permitted u/s 147 : HC

October 28, 2015 2194 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. G & G Pharma India Ltd. that this is basic requirement of law u/s 147 that before reopening of assessment, AO must have apply his mind to the available materials

Allegation against Counsel of Revenue prima facie constitutes criminal contempt of court

October 28, 2015 1210 Views 0 comment Print

Delhi High Court held In the case of CIT vs. M/s Escorts Ltd. that in view of the nature of the conduct displayed by Sh. Gupta, i.e. preferring an application for intervention which was rejected, being Intervener Application No. 5779/2008

Revenue not authorized to rewrite terms of agreement & adjudge Commercial expediency: SC

October 28, 2015 2070 Views 0 comment Print

Supreme Court held In the case of M/s. Mangalore Ganesh Beedi Works vs. CIT that Act does not clothe the taxing authorities with any power or jurisdiction to re-write the terms of the agreement arrived at between the parties with each other at arm’s length

Netting of interest paid on borrowed fund against interest income earned on same fund is permitted

October 28, 2015 10978 Views 0 comment Print

Delhi High Court held In the case of Vodafone South Ltd. vs. CIT that the netting of the interest paid on the borrowed sum against the interest income earned is allowed. There was a direct nexus between the earning of interest on the loan advanced by the Assessee and payment of interest to the bank.

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

October 28, 2015 877 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 1014 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 1410 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

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