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Section 147 can be invoked only if AO has reason to believe that taxable income has escaped assessment

October 26, 2015 2035 Views 0 comment Print

In case of Oriental Insurance Company vs. CIT, Delhi High Court held that AO could not assume jurisdiction to reopen assessment u/s 147, until his reasons of belief have a ‘direct nexus’ and a ‘live link’ with the opinion formed by him, that Taxable Income of Assessee has escaped assessment.

Sec.292BB- Service of Notice- Objection raised prior to completion of reassessment is valid

October 26, 2015 2053 Views 0 comment Print

In case of CIT Vs. Chetan Gupta, Delhi High Court held that where objection to effect, that notice for reassessment was not served on his last known address of assessee, was taken prior to completion of reassessment

In absence of incriminating material found during search, reference to DVO is invalid

October 26, 2015 1030 Views 0 comment Print

Delhi High Court in case of Commissioner Of Income Tax Vs. Anil Arora held that reference to DVO for valuation of a property itself was invalid ,when AO’s conclusion/reasoning was not based on any material discovered or seized during the search operations.

Amount received by a prospective employee as compensation for denial of employment is capital receipt

October 26, 2015 2113 Views 0 comment Print

Delhi High Court in case of CIT vs Pritam Das Narang held that Amount received by a prospective employee ‘as compensation for denial of employment,’ is a capital receipt . In case of assessee , where there was no commencement of employment

Explanation 1 to section 271(1)(c) not applies to ‘furnishing inaccurate particulars of income’

October 26, 2015 8311 Views 0 comment Print

ITAT New Delhi held In the case of Tristar Intech Pvt. Ltd. vs. ACIT that for levy of penalty u/s 271(1)(c) there should be concealment of income on the part of assessee. In the given case AO has initiated penalty proceeding u/s 271(1)(c)

Section 48- AO cannot replace Consideration agreed with Market Value in Calculation of Capital Gain

October 26, 2015 1967 Views 0 comment Print

ITAT New Delhi held In the case of Venus Financial Services Ltd. vs. ACIT that the Assessing Officer has no power to replace the value of the consideration agreed between the parties with any fair market value or estimation.

Penalty u/s 271 (1) (c) is not maintainable if charges are not specific– ITAT

October 26, 2015 1111 Views 0 comment Print

Mumbai ITAT held In the case of Shri Hafeez S Contractor vs. ACIT that penalty u/s 271(1) (c) cannot be imposed in those cases where no specific charges are mentioned in penalty notice. In the given case the AO has not specified that as to which limb the notice was issued

Indirect tax returns under Proposed GST regime – Key Takeaways

October 26, 2015 1914 Views 0 comment Print

· Common return for CGST, SGST, IGST, and Additional Tax. · Every registered dealer required to file the return even if turnover is NIL. · UN Agencies need to file the return only in the month of Purchases. · Govt. agencies, PSU, others etc exclusively dealing in NIL/Non GST Goods/Exempted goods or services would neither required to take registration and nor required to file the returns.

Books of account cannot be rejected on the basis of general findings

October 26, 2015 778 Views 0 comment Print

ACIT Vs. Shri Laxmi Narain Agarwal (ITAT Jaipur)- It is contended that the order of the ld. CIT(A) will reveal that no specific defects in the books of account were found by the AO. The assessee’s working site being at remote place, cash payment to labourer through self made vouchers

Payment of PF, ESI made belatedly but within due date of filing of Income Tax return, cannot be disallowed u/s 43B

October 26, 2015 2923 Views 0 comment Print

ACIT Vs. M/s. Rajasthan Rajya Vidyut Utpadan Nigam Ltd. (ITAT Jaipur)- he AO disallowed the payment on the ground that though the amount was paid by the assessee but was not paid within the due date as given under the respective Acts of GPF, CPF and ESI.

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