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Reopening to rectify Mistake committed during Original Assessment not permissible

October 31, 2015 1078 Views 0 comment Print

Jindal Photo Films Ltd. vs. DCIT (Delhi High Court) 1998 234 ITR 170- Following the settled trend of judicial opinion and the law laid down by their Lordships of the Supreme Court time and again, different High Courts of the country have taken the view that if an expenditure

No addition for Gift from abroad if Donor gives statement before AO regarding his capacity despite non production of any document

October 31, 2015 962 Views 0 comment Print

Delhi High Court held In the case of CIT vs. Sudhir Budhraja that the findings of the Tribunal are based on sufficient material and cannot be stated to be perverse. On the other hand that the AO had no material

Re-opening of assessment not permissible on same set of materials considered in original assessment

October 31, 2015 733 Views 0 comment Print

Delhi High Court held In the case of Turner Broadcasting Systems Asia Pacific INC. vs. DDIT that the assessing officer has merely intended to revisit the concluded assessments and it is a clear case of change of opinion

If income been disclosed by assesse after search by filing return u/s 153A then penalty u/s 271(1)(c) is imposable

October 30, 2015 616 Views 0 comment Print

ITAT Pune held in Mrs Sarita Manjeet Singh Chopra Vs ITO that if the assesse had disclosed its unaccounted income filing return u/s 153A only after it was caught in search by the income tax department then that disclosed income through return would be considered as undisclosed income

SEBI : Disclosures in Abridged Prospectus and Price Information of past issues handled by Merchant Bankers

October 30, 2015 1066 Views 0 comment Print

It has been observed that the abridged prospectus has become voluminous and thereby defeats the very purpose of abridged prospectus.

No liability on Flipkart under KVAT as no clear finding to held sale as Interstate sale which already taxed under CST Act: HC

October 30, 2015 3356 Views 0 comment Print

Kerala High Court held In the case of Flipkart Internet (P.) Ltd. vs. State of Kerala that It is well settled that show cause notices issued by statutory authorities particularly in case of imposition of penalty on an assessee, cannot pre-determine the guilt of an assessee.

Loan To Directors under Section 185 of Companies Act, 2013

October 30, 2015 75944 Views 5 comments Print

CS Santosh Pandey As per the provision of Section 185 of the Companies Act, 2013- No Company shall directly or indirectly give loan to any of its directors or any other person in whom the director is interested, or provide any guarantee or security in connection with the loan taken by him or other person. […]

All about Income Computation And Disclosure Standards (ICDS)

October 30, 2015 18531 Views 0 comment Print

CBDT constituted Accounting Standard Committee in 2010.The committee has submitted its final report in August 2012. And on March 31st 2015 i.e. after two years, 10 Income Computation & Disclosure Standards (‘ICDS’) notified by the CBDT under section 145(2) of the income tax act 1961(the act) vide ‘notification No. 32/2015 [F.NO.134/48/2010-TPL]/SO 892(E) Dated 31 March 2015 and committee recommended the nomenclature of Tax Accounting Standards for the standards notified u/s 145(2). Since this standard are meant to be adopted for computation of income. Hence section 145(2) as amended refers to Income Computation and Disclosure Standards.

Penalty u/s 271E not maintainable if notice is issued after the period specified in Section 275(1)(c)

October 30, 2015 1321 Views 0 comment Print

Delhi High Court held In the case of Principal CIT vs. JKD Capital & Finlease Ltd. that in terms of the provision u/s 275 (1) (c), there are two distinct periods of limitation for passing a penalty order, and one that expires later will apply.

Issue of notice u/s 143(2) before finalisation of reassessment order is mandatory

October 30, 2015 5470 Views 1 comment Print

Delhi High Court held In the case of Principal CIT vs. Shri Jai Shiv Shankar Traders Pvt. Ltd. that the failure by the AO to issue a notice to the Assessee under Section 143(2) subsequent to 16th December 2010

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