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Archive: 17 December 2017

Posts in 17 December 2017

Applicability of time-limit U/s. 153(2A) when ‘assessment’ is set aside and an ‘assessment order’ being set aside

December 17, 2017 25281 Views 0 comment Print

In other words, in all instances of an assessing officer having to pass a fresh assessment order upon remand where section 153(2A) would apply, the assessing officer would be bound to follow the time-limit imposed by sub-section (2A). Where the assessing officer was only giving effect to an appellate order, then section 153(3)(ii) of the Act would apply.

Receipt of alimony from ex-husband is nothing but Gift and is exempt

December 17, 2017 7140 Views 0 comment Print

In our view, no law prevents such a lump sum payment by a husband to his wife in lieu of her maintenance for the whole life. In the proviso to section 56(2)(vi) any sum received from a relative is exempt from tax. In the definition of relative, the receipt from whom is exempt under the Act, inter alia not only the spouse but the brother and sister of the spouse have also been included.

Accommodation entries: AO cannot make addition without showing that explanation of Assessee is not satisfactory or incorrect

December 17, 2017 5967 Views 0 comment Print

ITO Vs. Shreedham Construction Pvt Ltd (ITAT Mumbai) Section 68 casts the initial burden of proof on the assesse to show prima facie and to explain the nature and source of credit found in its When the statute places the burden of proof in income tax cases on the tax payer, it is understood to […]

Non-issue of notice u/s. 143(2) after filing of return makes assessment u/s. 143(3) /147 bad in law

December 17, 2017 3756 Views 0 comment Print

Non-issue of notice u/s. 143(2) after filing of the return of the Assessee, by way of letter, makes the assessment order passed u/s. 143(3) r.w.s. 147 bad in law.

Intimation issued U/s. 143(1) cannot stop Assessee from filing revised return

December 17, 2017 11016 Views 1 comment Print

Intimation issued under section 143(1) cannot be treated as order of assessment and on the basis of such order the assessee denied his statutory rights to file a revised return within the period of limitation.

Assessment U/s. 147 not become invalid for satisfaction of Reasons recorded by both CIT & JCIT

December 17, 2017 2448 Views 0 comment Print

Merely because an even higher authority has expressed similar satisfaction does not obliterate the satisfaction of appropriate authorities.

Section 263: Revisional order becomes legally fragile on failure to provide opportunity of hearing to assessee

December 17, 2017 1470 Views 0 comment Print

What is contemplated by Section 263, is an opportunity of hearing to be afforded to the assessee. Failure to give such an opportunity would render the revisional order legally fragile not on the ground of lack of jurisdiction but on the ground of violation of principles of natural justice.

GST Council Has Approved Mandatory Compliance of e-way Bill

December 17, 2017 7683 Views 0 comment Print

The GST Council at its 24th meeting held on 16th December’2017 on an urgent meeting through video conferencing to discuss implementation of e-way bill system under the Goods and Services Tax (GST) regime approved Mandatory Compliance of e-Way Bill.

E-Way Bill And Latest Press Release Regarding Its Implementation

December 17, 2017 6492 Views 0 comment Print

A way bill is a document prepared by the carrier of a shipment of goods that contains details of the shipment, route, and charges and an e-way bill is an electronically generated bill or document which is required to be generated for the movement of goods of more than Rs 50,000 from one place to another. […]

Excel format of Reconciliation For Matching ITC and Output Liability

December 17, 2017 91716 Views 20 comments Print

Reconciliation Statement for Matching Of Input Tax Credit And Output Liability Between Books And Return As we know that In GST Audit, Reconciliation Statement is required. Here, I am attaching one sample format of Reconciliation Statement for matching of ITC (As shown in Return-3B) and ITC (As shown in Books of Accounts). Please give your […]

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