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Whether Inaugural expenses deductible Under Section 37(1)

July 18, 2015 12686 Views 0 comment Print

In CIT vs. Nirlon Synthetic Fibres & Chemicals Ltd. (1982) 137 ITR 1 (Bom) it was observed that expenditure incurred on inauguration ceremony of factory is a compelling necessity in modern times, it is a formality which an assessee has to incur after the business is set-up therefore it is an allowable deduction in terms of section 37(1).

Income Tax Authorities have to initiate proceedings u/s 201 within four years

July 18, 2015 1075 Views 0 comment Print

The substantial time as extended in the previous judgment of this Court in Commissioner of Income Tax (TDS)-I vs. C.J.International Hotels Pvt. Ltd. (in ITA No.57/2015) decided on 09.02.2015, as discussed elaborately in a reasoned order of this Court

S. 263 CIT cannot set aside Assessment order passed after proper examination, inquiry & verification

July 18, 2015 1624 Views 0 comment Print

Issue before tribunal: Whether CIT can assume jurisdiction u/s 263 on the facts and circumstances of the case. Whether order of the AO was erroneous and prejudicial to the revenue.

Notice issued u/s 148 with approval of CIT in place of JCIT has no validity

July 18, 2015 2185 Views 0 comment Print

Whether CIT can give approval for initiating proceeding u/s 147 in place of JCIT who is prescribed authority to give such approval u/s 151 (2) of the Income-tax Act.

Receipts transferred to its constituents by Joint Venture cannot be taxed in hands of JV

July 18, 2015 930 Views 0 comment Print

Whether a proportion of the project receipts, commensurate with the risks/performance obligations, should be attributed to the assessee JV to whom tender had been awarded for the project and undertook significant risks and responsibilities for the completion of the project

AO can rely upon valuation of DVO only after discharge of primary burden to prove under statement

July 18, 2015 319 Views 0 comment Print

Hon’ble court has observed that in the case of Bajrang Lal (supra) it was held that it is settled law that the primary burden to prove understatement or concealment of income is on the Revenue and it is only when such burden is discharged it would be permissible to rely upon the valuation given by the DVO.

Order to bank to pay 50% of assessee’s huge demand is not justified when appeal is pending before CIT (A)

July 18, 2015 605 Views 0 comment Print

Whether revenue is right in passing order giving instruction to bank to pay 50% of the demand raised against assessee when appeal against the assessment order was pending before CIT (A).

Why Do People Behave Casually?

July 18, 2015 2289 Views 0 comment Print

Many people have an uncaring and casual attitude on life. Either, they are easy-going type or ignorant of their duties. Some people don’t believe in hard-work and perseverance. Instead, they prefer idleness and lethargy to suit their lifestyles and comfort. My friend makes all the hustles in the eleventh hour of his trip though he has prior knowledge of his travel program.

CBDT sets Target of 1 Crore 'New Taxpayers' for F.Y.2015-16

July 17, 2015 1463 Views 0 comment Print

F.No.310/03/2015-OT Devise and pursue region specific strategies for identification and pursuing potential taxpayers -Professionals, Businesses, Employees. Conduct meetings with Professional bodies and trade associations. Work with DIT(I&CI) to collect potential information

Notification No. 36/2015-Central Excise, Dated: July 17, 2015

July 17, 2015 2474 Views 0 comment Print

Notification No. 36/2015-Central Excise, Dated: July 17, 2015 If the said excisable goods are manufactured from inputs or capital goods on which appropriate duty of excise leviable under the First Schedule to the Excise Tariff Act or additional duty of customs under section 3 of the Customs Tariff Act, 1975 (51 of 1975) has been paid and no credit of such excise duty or additional duty of customs on inputs or capital goods has been taken by the manufacturer of such goods (and not the buyer of such goods) under rule 3 or rule 13 of the CENVAT Credit Rules, 2004

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