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Allahabad High Court also rules that sec 40(a)(ia) is applicable on “Payable”

November 28, 2017 2862 Views 0 comment Print

Allahabad HC in case of Ashok Auto Sales Ltd v/s CIT held that Vector shipping is not correct preposition of law as held by Honb’le SC in case of M/s Palam Gas Service vs. CIT.

100% addition on bogus purchases cannot be done without doubting sales

October 22, 2017 3462 Views 0 comment Print

Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. In such situation, in our considered opinion, on the facts and circumstances of the case, 12.5% disallowance out of the bogus purchases meets the end of justice. Accordingly, I hold that the disallowance should be restricted to 12.5% of the bogus purchases.

No Penalty- When deeming provisions are applied for assessing income

July 24, 2017 5892 Views 0 comment Print

Hon’ble Allahabad High Court has in the case of Hariom Steels Pvt Ltd has held that penalty cannot be levied when deeming provisions are applied for assessing income.

No sec 40A(2)(b) rws 36 disallowance on Trade advance given to sister concern

May 1, 2017 3039 Views 0 comment Print

No disallowance can be made under Section 40A(2) (b) read with Section 36 of the Income Tax Act of interest paid on borrowed funds for trade advance given out of commercial expediency to sister concerns.

Mere receipt of information cannot be equated to reason to believe that income has escaped assessment

March 2, 2017 1914 Views 0 comment Print

Mere receipt of information from any source would not by itself tantamount to reason to believe that income chargeable to tax has escaped assessment. In the present case the Assessing Officer prima facie has not done the bare necessary/rudimentary enquiry into the material received before he concludes that income chargeable to tax has escaped assessment.

Penalty only on Disproved claim of expenditure & not unproved

December 30, 2016 2551 Views 0 comment Print

Hon’ble Delhi ITAT held that Penalty can be imposed only on disproved claim of expenditure and not unproved claim of expenditure.

As per Indian culture, competent members who work in business of family, are paid as others are paid

November 23, 2016 1627 Views 0 comment Print

It is natural in Indian culture that if the members of the family are competent to work in the business of the family, naturally they will be required to pay the minimum / the same compensation/benefit/incentive as other employees are paid.

Fees Recovery Committee/Forums- Need of The Hour?

September 16, 2016 2938 Views 4 comments Print

We all as dignified professional, with utmost sincerity and perseverance do discharge our professional duties. We have commanded our fields and we do perform our duty to the best of our efforts, but somehow I feel, that our fraternity fails to collect the professional fees which is our legitimate right.

“Sudoku”- The Puzzle of Life

August 11, 2016 5923 Views 0 comment Print

Sudoku is a Japanese game which is a logic-based, number-placement puzzle. In this game one has to fill a 9×9 grid with digits so that each column, each row, and each of the nine 3×3 subgrids all contains the digits from 1 to 9. The puzzle setter provides a partially completed grid, which has to be completely filled.

In absence of contumacious conduct penalty U/s. 271C not leviable

May 3, 2016 2773 Views 0 comment Print

Brief facts relating to the case are that a survey 133A of the Act was conducted in the premises of the assessee on 15/10/2009 during the course of which it was found that the assessee had deducted tax amounting to Rs.15,76,219/-

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