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Archive: 30 May 2018

Posts in 30 May 2018

Notional interest on advances cannot be charged on accrual basis

May 30, 2018 7128 Views 1 comment Print

Briefly stated relevant facts of the case are that the assessee-company is engaged in the business of investment in capital markets. Assessee filed the return of income for the A.Y. 2013-14 on 27.09.2013 declaring a loss of Rs. 5,35,493/-. During the assessment proceedings, Assessing Officer observed that there were unsecured loans to the extent of Rs. 19.25 Crs under ‘advances recoverable in cash or kind.

No TDS default if recipient paid tax on income

May 30, 2018 9882 Views 0 comment Print

ACIT Vs Chaitanya Educational Trust (ITAT Hyderabad) Since the assessee has filed the certificates of the recipients with proof that the recipients have offered the income to tax in their hands, the assessee shall not be treated as an assessee in default u/s 201(1) of the Act. FULL TEXT OF THE ITAT JUDGMENT All are […]

Deemed dividend U/s. 2(22)(e): Advance in normal course of business

May 30, 2018 2922 Views 0 comment Print

 Since trade advances obtained by assessee from its sister concern were in the nature of commercial transactions, would not fall within the ambit of the word ‘advance’ in section 2(22)(e).

Meetings by PCCIT with PCsIT & Standing Counsels related to HC appeals

May 30, 2018 678 Views 0 comment Print

Quarterly meetings by PCCIT for better co-ordination with PCsIT and Standing Counsels especially in matters pertaining to removal of defects in appeals filed before High Courts and minimizing of delay in filing of SLPs

Enrolment & Registration as Valuer by Registered Valuers Organisation

May 30, 2018 4755 Views 0 comment Print

Subject to meeting other requirements, an individual is eligible to be a registered valuer under the Companies (Registered Valuers and Valuation) Rules, 2017 (Rules), if he: (i) is a fit and proper person,(ii) has the necessary qualification and experience, (iii) is a valuer member of a Registered Valuers Organisation (RVO),

Section 54F exemption cannot be denied for mere non claim in Return

May 30, 2018 3063 Views 0 comment Print

When assessee utilised sale consideration of property in construction of another residential property within prescribed time period, then, merely on account of the fact that the assessee had neither declared the transaction of sale of property nor made any claim of deduction under section 54F in the return of income, deduction under section 54F could not be denied.

CIT cannot reject a claim merely because same was not verified by AO

May 30, 2018 1464 Views 0 comment Print

This group of writ petitions arise in similar background. We may record facts from Special Civil Application No. 12765 of 2017 and 12764 of 2017. Petitioner of Special Civil Application No. 12765 of 2017 is a partner of one M/s. Hitech Analytical Services and she would hereafter to be referred to as ‘a partner of the said firm.

MAT Provisions U/s. Section 115JB not applicable to sick company

May 30, 2018 5691 Views 0 comment Print

The facts in brief qua the issue raised in the grounds are that assessee filed its return of income electronically for the AY. 2009-10 on 23-09-2009, declaring NIL income. This return was processed u/s. 143(1) of the Act and the total income was determined at Rs. 69,19,580/- u/s.

Exemption u/s. 54 cannot be denied Merely for Housing Loan availment by Assessee

May 30, 2018 16710 Views 0 comment Print

Explore Amit Parekh’s appeal against the denial of Section 54 exemption by ITAT Kolkata. Key details of the case and legal insights revealed.

HC issues guideline Revenue must follow in the matters of reopening of assessments

May 30, 2018 4545 Views 0 comment Print

The Petitioner seeks the quashing of a notice dated 20-3-2015 issued under section 148 of the Income Tax Act (‘Act’) by the Assistant Commissioner (hereinafter assessing officer AO) and the order dated 1-2-2016 passed by the assessing officer disposing of the objections filed by the Petitioner to the said notice.

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