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Archive: 03 March 2017

Posts in 03 March 2017

Notice U/s. 133(6) for cash deposited during demonetisation

March 3, 2017 37368 Views 0 comment Print

Notice under section 133(6) of the Act is required to be issued, after obtaining prior approval of Pr. CIT/CIT/Pr. DIT/DIT as provided in the Act, in cases where the ‘person under verification’ fails to file Online response in a timely manner in spite of issue of reminder by the Assessing Officer.

Clarify on claim of FTC of taxes under dispute in foreign country: ICAI

March 3, 2017 1197 Views 0 comment Print

Section 155(14A) proposes to provide that where the payment of foreign tax is under dispute credit of such taxes will be available in India in the year in which the dispute is settled, on satisfaction of certain conditions. To give effect to this an enabling provision shall be inserted through which Tax Authority

Entries in books of account are not conclusive of expense nature

March 3, 2017 3579 Views 0 comment Print

Whether Tribunal was right in holding that the expenditure on acquisition of marketing and technical know­how is revenue in nature as the benefit would accrue over a period of time and treatment in books of account is not relevant

Assessment of Individual cannot be done by issuing notice on HUF

March 3, 2017 3882 Views 0 comment Print

An ‘individual’ and an ‘HUF’ are different persons under the Income Tax Act, and notice to one cannot be deemed as notice to the other.

Mere surplus year after year cannot be deciding factor to deny exemption U/s. 11

March 3, 2017 2190 Views 0 comment Print

Assessee society is generating surplus year after year is not the deciding factor to determine whether it is eligible for exemption under section 11 of the Act. And on this ground alone, the exemption claimed by the assessee society under section 11 can not be denied. What is relevant to examine is whether the surplus so generated is ploughed back in furtherance of its educational objectives and related activities or not.

Concluded assessments cannot be disturbed in absence of any incriminating material

March 3, 2017 1440 Views 0 comment Print

In terms of section 153A of the Act, the already finalised assessment can only be disturbed if the search team has found some incriminating documents or material and which was relied upon by the AO at the time of framing the assessment or the addition is made in the order passed under section 143(3) r.w.s.153A of the Act by referring to seized material and not otherwise

Under RTI PIO not supposed to create info that is not part of record

March 3, 2017 93042 Views 2 comments Print

Commission observed that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or furnish replies to hypothetical questions.

Section 271(1)(c): No Penalty for Section 50C addition unless concealment proved

March 3, 2017 15354 Views 0 comment Print

The addition has been made invoking the deeming provisions of section 50c of the Act. There is no finding that the actual sale consideration is more than that mentioned in the sale agreement.

Notification No. 20/2017- Customs (N.T.), Dated: 03.03.2017

March 3, 2017 1935 Views 0 comment Print

Customs – Notification No. 20/2017 [Cus (NT)] 3-3-2017 Appointment of Commissioner of Customs

CBEC amends Notification No. 384/86-Customs dated 23.07.1986

March 3, 2017 1119 Views 0 comment Print

CBEC hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No.384/86-Customs, dated the 23rd July, 1986, published vide number G.S.R.954(E), dated the 23rd July, 1986 namely:-

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