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Archive: 07 February 2018

Posts in 07 February 2018

Sec 292B can’t be cure Non-application of mind in issue of Re-Assessment Notice

February 7, 2018 1650 Views 0 comment Print

Smt. Kalpana Shantilal Haria Vs. Assistant CIT (Bombay High Court) There can be no dispute with regard to the application of Section 292B of the Act to sustain a notice from being declared invalid merely on the ground of mistake in the notice. However, the issue here is not with regard to the mistake / […]

Addition in the hand of company cannot be made for items belonging to directors which was duly proved with Supporting Evidences

February 7, 2018 648 Views 0 comment Print

The Income Tax Appellate Tribunal in its recent order ruled that addition made under the Income Tax Act, 1961 solely on the basis of confessional statement without any supporting evidence is Invalid.

Provisions of S. 68 of Income-tax Act, must be read with Negotiable Instruments Act, 1881, particularly when liability is acknowledged on realization of cheque

February 7, 2018 4350 Views 0 comment Print

When on receipt of money by way of cheque a liability is acknowledged by receiver as loan or deposit or share capital, it need to be viewed considering ground realities faced by receiver of money against which he incur liability.

No penalty for addition to Income based on mere credit card A/c entries

February 7, 2018 3834 Views 0 comment Print

Sri Joy Barman Vs. ITO (ITAT Kolkata) From the foregoing discussion we note that the addition has been made by the AO on account of unexplained money and cessation of liability on basis of lack of evidence. Though the assessee’s explanation in respect of the credit card transactions and cessation of liability in the absence […]

How To Get Income Tax Reimbursement on Personal Loans

February 7, 2018 3933 Views 0 comment Print

Income tax reimbursement on a Personal Loan? Under certain circumstances, you can actually get tax benefits on Personal Loans. Read on to find out how.

No reassessment merely for non reflection of ITR filed manually in IT system

February 7, 2018 3099 Views 0 comment Print

In ground No. 1 of the appeal, the assessee has challenged the initiation of proceedings u/s. 147 of the Act for deposition of cash of Rs. 1057000 in the saving bank account during the financial year 2006-07 based on AIR Information and not filing of return of income by the assessee.

A Nifty Guide to Reducing your Taxes After Retirement

February 7, 2018 1317 Views 1 comment Print

To ensure a smooth retirement, you must plan your finances in advance. Make it a priority to invest in the right avenues to multiply your wealth and also to reduce your tax liability. This will allow you to bolster your income post retirement and help you live a financially secure life after retirement. Take a […]

Section 80P: Interest on Surplus Fund invested in Short Term Deposits is Other Income

February 7, 2018 6372 Views 0 comment Print

Hon’ble Supreme Court in the case of M/s. Totagars Co-operative Sale Society Ltd. is binding on the revenue authority for the proposition that the interest income arising out of surplus fund invested in short term deposits and securities is the income from other sources.

Sec. 12AA Cancellation of Registration of society which collects huge fees although formed to run the dental college without any fees from students is justified

February 7, 2018 3045 Views 0 comment Print

Bhim Rao Ambedkar Educational Society Vs. CIT (Exemption) (Allahabad High Court) A categorical finding has been recorded that Society is not being run according to the objects, i.e., free health education and establishment of dental college without fee. He also pointed out that a Society if charging nominal fee to maintain its expenses etc., it […]

Country by Country Reporting (CbC Reporting) – India’s Step Forward to OECD’s BEPS Action Plans

February 7, 2018 13662 Views 0 comment Print

The OECD report on Action Plan 13 of BEPS Action plan provides for re-examination of transfer pricing documentation. It also provides for a template for country-by-country reporting of income, earnings, taxes paid and certain measure of economic activity.

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