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Archive: November, 2015

Posts in November, 2015

Reopening based on facts disclosed in Profit & Loss account during Original Assessment not permissible

November 12, 2015 976 Views 0 comment Print

DCIT vs. M/s. State Farms Corporation of India Ltd. (ITAT Delhi) Reasons had been taken from the facts disclosed in the assessee’s balance sheet as well as reflected in the Profit & Loss account which were also before the AO at the time of original assessment

After expiry of 4 Years no notice u/s. 148 can be issued without approval of CCIT or CIT

November 12, 2015 1616 Views 0 comment Print

According to Section 151(1) proviso if the Assessing Authority who is below the rank of Assistant Commissioner or the Deputy Commissioner want to re­open the ‘case after the expiry of 4 years unless the Commissioner is satisfied that it is a fit case for issue of that notice. In the present case

Exemption U/s. 10(23C)(iiiad) cannot be denied merely because assessee have objects other than education in its Trust Deed

November 12, 2015 40498 Views 0 comment Print

The undisputed facts of the case are that the assessee society does not possess registration under section 12A of the Act for relevant assessment year. From the perusal of return filed by it alongwith Form No.10B shows that it intended to claim exemption under section 11 of the Act

Delhi VAT- Form to be submitted by dealers conducting online sales & other amendments

November 12, 2015 1139 Views 0 comment Print

All dealers conducting sales through web portals / e-platforms of other e-commerce companies / firms are required to furnish details of such sales in Annexure IE. In case of making sales through more than one e-commerce company / firm, separate formats in Annexure 1E are to be filed for each of the e-commerce company / firm. It is further clarified that all the sales in Annexure IE have to be mandatorily included in the sales figures in Annexure 2B.”

Bad Advance written off is allowable expense if it was given in the course of business

November 12, 2015 39658 Views 0 comment Print

The brief facts of this issue is that the assessee advanced a sum of Rs. 2 crores on 20.5.1992 to Broker Shri.Pallav Sheth under portfolio management scheme. The said broker is supposed to manage the trading portfolio of shares and securities on behalf of the assessee.

Mere valuation report not sufficient to conclude unexplained investment by Assessee

November 12, 2015 2752 Views 0 comment Print

ACIT Vs. Shri Jayantilal T. Jariwala (ITAT Ahmedabad)- In thie Case Assessing Officer found that assessee had constructed a residential house, B-3, Mamta Flats, Surat and plot No.158/21 GIDC, Pandesara, Surat. The AO was not satisfied with the cost of construction shown

CIT being a revisional authority not permitted to step into shoes of Assessing officer

November 12, 2015 1394 Views 0 comment Print

M/s Ved Parkash Contractors Vs. CIT (ITAT Chandigarh) – It is true that the revisional authority itself has wide power to examine the case whether the decision has been erroneous and prejudicial to the interest of Revenue and in exercise of these power modifications are permissible

DEPB benefits eligible for deduction under Section 10B

November 12, 2015 1629 Views 0 comment Print

The present appeals filed by the Revenue are directed against the orders of CIT(A), Faridabad, dated 27.12.2011 and 20.12.2012 passed for the assessment years 2007-08 and 2008-09 respectively. The Revenue raised the following grounds of appeal in ITA No. 1321/Del/2012

Registration U/s. 12AA/ 80G cannot be denied by examining issues which are relevant for assessments

November 12, 2015 2994 Views 0 comment Print

Hari Om Sewa Dal Vs. CIT(Exemptions)-ITAT Delhi- We find from the order of the Commissioner of Income Tax (Exemptions) that the registration under Section 12AA of the Act was denied to the appellant society solely on the ground that the appellant society had been claiming

S. 10B Approval received from STPL is proper approval for claiming deduction

November 12, 2015 2446 Views 0 comment Print

Quality BPO Services Pvt Ltd, Vs ACIT (OSD) (ITAT Ahmedabad)- The issue under appeal relates to examination of the claim of assessee under section 10B of the Act at Rs.67,08,733/- which hitherto has been disallowed by the Assessing Officer and further sustained

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