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Archive: 10 January 2018

Posts in 10 January 2018

AO cannot Review his Own Order by invoking Sec 147 of Income Tax Act

January 10, 2018 3591 Views 0 comment Print

Right or wrong, the decision taken by AO cannot be revisited or reviewed by AO invoking Sec. 147 of the Act because the AO does not have the power to review his own order.

Income from Sub-letting of Property is taxable as Other Income

January 10, 2018 14016 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently held that income earned by the assessee from sub-letting of property under leave and license agreement for a temporary period is taxable under the head income from other sources and not under the head business income since the sub-letting was not an object of the assessees’ business.

TDS U/s. 194C applies on amount paid under Oral Agreement

January 10, 2018 14376 Views 0 comment Print

The Kolkata bench of ITAT recently held that TDS provisions under the Income Tax Act, 1961 are applicable to payments made under an oral agreement.

S. 269SS: Cash Transactions with Sister-in-Law & Nephew not amounts to Loan

January 10, 2018 8202 Views 0 comment Print

Sri Jagmohan Sharma Vs. JCIT (ITAT Kolkata) The transactions between these family members are neither loans nor deposit and purely a family system and purely a family requirement to help each other in the needy hours, for example medical help, education help and expenses to run the family. That is, one member of the family […]

S. 14A disallowance cannot be made merely based on Audit Report

January 10, 2018 1248 Views 0 comment Print

Kolkata bench of Income Tax Appellate Tribunal (ITAT) recently quashed the order passed by the lower authorities disallowing the claim of the assessee towards leave encashment for the reason that the order of the High Court invalidating Section 43(f) of the Income tax Act 1961 was not stayed by the Supreme Court.

Assessment U/s. 153C not valid in Absence of incriminating material

January 10, 2018 1467 Views 0 comment Print

Shri Balaji Builders Kakinada Vs ACIT (ITAT Visakhapatnam) Merely because books of account could not be traced at the time of survey/search, it could not be presumed that the books of account were not maintained unless all the efforts were made by AO. Further As per the provisions of section 153C of the Act, it […]

Penalty Notice u/s 274 is invalid if it do not Specify Charge against Assessee and does not Strike out Inappropriate Words

January 10, 2018 7983 Views 0 comment Print

The Kolkata bench of ITAT recently held that penalty cannot be levied since show cause notice issued in the present case under Section 274 of the Income Tax Act does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income.

Interest on fund temporarily parked in short term deposits is taxable as business income

January 10, 2018 1464 Views 0 comment Print

ACIT Vs M/s. Agri Gold (ITAT Visakhapatnam) During the assessment year, the assessee has received the interest of Rs.  7,43,76,762/- and offered it under the business income. The said practice of offering the interest income under the head business income was followed by the assessee for the last so many years, which was accepted by […]

Clarifications on requirement for completion of Advanced ICITSS course and Advanced IT Test

January 10, 2018 152640 Views 36 comments Print

Clarifications on the requirement for completion of Advanced ICITSS course and the Advanced IT Test thereunder, with reference to eligibility to appear in CA Final examination, under Final( Old) and Final (New) Syllabus.

Guidelines for Processing of Partial EPF Withdrawal Request

January 10, 2018 1077 Views 0 comment Print

A partial withdrawal of accumulated pension wealth of the subscriber, not exceeding twenty-five per cent. of the contributions made by the subscriber and excluding contributions made by employer, if any, at any time before exit from National Pension System subject to the terms and conditions, purpose, frequency and limits specified below:-

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