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Unsecured Loan from relatives cannot be equated with Bank Loan

January 10, 2019 10449 Views 0 comment Print

Hon’ble Delhi ITAT held that there is difference between loan taken from Banks and unsecured loans taken from the relatives. In the case of unsecured loans from the relatives, no formalities and bank guarantee have to be given. Thus the Hon’ble Tribunal has held 15% interest paid on unsecured loans taken as highly reasonable.

Dangerous Overdose of Drug of Social Media Sites/Apps

November 13, 2018 2274 Views 1 comment Print

Explore effects of excessive social media use on personal and professional lives. Discover the pros and cons of digital connectivity and ways to strike a healthy balance.

Tax sites / Govt portals need Speed Booster

September 7, 2018 8292 Views 13 comments Print

On 31St August, all the professionals were just sitting helplessly infront of the Income Tax E-filing site that was moving with the speed of “Three toed sloths” and the last date of filing of return was ending with the speed of “Cheetah”. All were just praying that either the site runs or date gets extended. […]

No Penalty for non compliance of section 148 notice

July 2, 2018 26580 Views 2 comments Print

The appellant contented that penalty under section 271(1)(b) can be imposed by the AO if he is satisfied that any person failed to comply with the notice under section 142(1) or under section 143(2) or directions issued under section 142(2A) of the Act. Therefore, no penalty can be levied under section 271(1)(b) for non compliance of notice issued under section 148.

No penalty u/s 271B if appellant had bonafide belief

May 28, 2018 3207 Views 0 comment Print

Hon’ble Kolkata ITAT has deleted penalty u/s 271B in the case of Dr. Shantanu Datta in I.T.A. No. 261/Kol/2017 as there was a bona fide belief entertained by the assessee in the facts and circumstances of the case and the same constituted a reasonable cause for the failure of the assessee to comply with the requirement of section 44AB.

Addition deleted as money deposited in the bank account was received from son

May 25, 2018 2304 Views 0 comment Print

It was explained by the appellant that the money deposited in the bank account represented cash received from elder son, who was tax payer and the withdrawals in the bank account had a a chronologically progressive linkage of events.

Penalty U/s. 271C cannot be imposed for updation error in software

February 9, 2018 2670 Views 0 comment Print

Assessee cannot be considered as having done willful neglect for non-compliance of the TDS provisions. This is just a technical mistake and, accordingly, the assessee cannot be held to be an assessee in default and no penalty can be imposed.

Amendment in sec 43B is curative in nature and applies retrospectively

January 10, 2018 3894 Views 0 comment Print

Hon’ble Allahabad High court has in the case of M/S Simbhauli Sugar Mills Ltd in ITA No 607 of 2011 has held that amendment is sec 43B is curative in nature and would apply retrospectively.

Re-assessment proceedings quashed as there was no nexus between reasons recorded and addition made

January 1, 2018 2454 Views 0 comment Print

Delhi ITAT has in the case of Krishan Kumar v/s ITO in ITA No. 3985/Del/2017 has quashed the reassessment proceedings as there was no nexus between reasons recorded and addition made.

CIT (A) should discuss or decide merits of case even in ex- parte decision

December 9, 2017 1842 Views 0 comment Print

Agra ITAT has remitted the file back to the CIT(Appeals) as CIT (Appeals) had just sustained Assessing Officer’s order without himself discussing or deciding the merits of the case.

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