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Archive: 30 November 2015

Posts in 30 November 2015

General printed Notice imposing Penalty u/s 271(1)(C) is not sustainable

November 30, 2015 2894 Views 0 comment Print

In the case of Suvaprasanna Bhatacharya vs ACIT, ITAT Kolkata held that although the satisfaction need not be recorded in a particular manner but from a reading of the assessment order as a whole such satisfaction should be clearly discernible.

CIT to form a Prima-facie opinion w.r.t erroneous and prejudiciality of A.O.’s order for exercising jurisdiction u/s 263

November 30, 2015 529 Views 0 comment Print

In the case of M/s A.V. Industries vs ACIT, Mumbai Tribunal held that when the assessee shows from the record that the necessary enquiries were made by the AO and the AO had applied his mind and the view adopted by him was one of the possible views

Re-opening u/s 148 based on of revisiting of existing material is bad in law

November 30, 2015 764 Views 0 comment Print

In Mohan Jhangiani vs ACIT, Kolkata Tribunal held that Non-consideration of the relevant provisions of the Act while forming a belief that income has escaped assessment is not permissible as per law. Further, the assumption of jurisdiction u/s 147 by the Learned AO

Amount received from client by Solicitor in capacity of principal and agent is not income

November 30, 2015 878 Views 0 comment Print

In the Case of ACIT vs Sri Pawan Kumar Jhunjhunwala, ITAT Kolkata held that solicitor is the agent of the client. The client makes over the money to the solicitor for some work being done by the solicitor as his agent.

Aggregation of income to be done before applying section 73

November 30, 2015 1620 Views 0 comment Print

In the case of ITO vs Snowtex Investment Ltd, the Kolkata Tribunal held that the claim of the assesse for set-off of loss from share dealing should be allowed from the profits from F&O in share transactions, the character of the income being the same and before application of the Explanation

Unaccounted Purchases in absence of discrepancy in stock records cannot be added to total income as unexplained investments

November 30, 2015 6816 Views 0 comment Print

The ITAT Bangalore in the case of M/s Sai Bhagwan Traders vs. ITO held that unaccounted purchases cannot be added to the total income as unexplained investments when there was no discreoency found in stock records.

Personal accountability with fine imposed on custom officials for non compliance of release order of goods

November 30, 2015 902 Views 0 comment Print

Patna High Court held In the case of M/s Overseas Enterprises vs. The Union of India through the CC of Customs that there was absolutely no justification at all either on fact or in law in not giving effect to the order of the provisional release dated 28.03.2013.

Self declared income which otherwise not taxable as per law, cannot be taxed

November 30, 2015 1255 Views 0 comment Print

ITAT Delhi held In the case of Sh. Haripal Singh vs. ACIT that it is settled legal position that that there is no estoppels in law. If in law an item is not taxable, no amount of admission or misapprehension can make it taxable.

Trust cannot be denied exemption u/s 11 on mere payment made outside India

November 30, 2015 4105 Views 0 comment Print

ITAT Bangalore held In the case of DDIT (Exemptions) vs. Ohio University Christ College that it is not disputed that the services have been rendered by the faculty members from Ohio University in India as the classes were taken in Bangalore.

Keyman insurance policy expense is allowable expenditure u/s 37

November 30, 2015 1470 Views 0 comment Print

ITAT Amritsar held In the case of M/s Aaren Exports vs. DCIT that a Keyman insurance policy is to enable business organizations to insure the life of a Keyman in order to protect the business against the financial loss which may occur in the likely eventuality of premature death.

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