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New evidences obtained can be used only after proper opportunity of being heard is given to assessee

July 12, 2015 670 Views 0 comment Print

CIT (Appeals) did not offer any opportunity to the assessee to make submissions with respect to the materials obtained from the survey and unilaterally rendered findings, CIT (Appeals)’s order was bad for the reason that he did not follow the procedure prescribed by the law.

Excess stock found during search cannot be the sole reason for rejection of books of accounts

July 12, 2015 1174 Views 0 comment Print

The expenses claimed for transportation could not have been a valid ground for rejecting the books of account considering the fact that the transport expenses in doubt was just 5.1% of total Transport Expense.

Pros and Cons of Selfie culture

July 12, 2015 13065 Views 0 comment Print

In the modern life, it is fashionable to name the latest trends and technologies with short and crisp words such as SciFi, HiFi and WiFi. The latest addition is the Selfie, which is a photograph of the self taken by the photographer. It can be taken with a handheld digital camera or tablet or smart phone.

Expanding Scope of Income Under Income Tax

July 12, 2015 9407 Views 0 comment Print

The word income has a special significance in Income-tax machinery as the income-tax is a tax upon the ‘income’. Section 2 (24) of the Indian Income-tax Act, 1961 [which corresponds to section 2 (6C) of the Income-tax Act, 1922] contains the inclusive definition of income.

No Disallowance for non-deduction of TDS if payee includes the same amount in his ITR and paid taxes on the same

July 12, 2015 8075 Views 0 comment Print

The assessee had made payment to the labour contractors without deducting TDS on the same and claimed the same as an expense in his profit & Loss account. AO disallowed the same as per sec 40(a)(ia) for non-deduction of TDS.

Section 263 can be invoked for late deduction and deposit of TDS

July 12, 2015 1054 Views 0 comment Print

ITAT Kolkatta has held In the case of Menally Sayaji Engineering Ltd. VS -CIT that if assessee failed to deduct TDS during the previous year on payments of management service fee and royalty debited to the profit and loss account and if in his Assessment Order Passed U/s. 143(3)

Doctrine of Unjust Enrichment applicable on capital goods captively consumed – SC

July 12, 2015 2441 Views 0 comment Print

In attracting the principle of unjust enrichment it is not only the actual burden which is passed on to the another person that would be taken into consideration even if the incident of such duty had not been passed on by him to any other person

Assessment initiated and framed in name of deceased is void

July 11, 2015 6101 Views 0 comment Print

In the present case also the notice u/s 148 of the Act was issued on 31.03.2010 in the name of the deceased assessee and claimed to have been served upon the deceased assessee who had already expired on 06.12.2002.

Services of development of agricultural land for housing project not covered in agricultural services

July 11, 2015 2438 Views 1 comment Print

Tribunal held that the service provided by appellant was not in relation to agriculture. Further appellant’s claim that service provided by it are eligible for exemption under notification no. 17/2005-ST, dated 07.06.2005

Most common hobbies of creative nature

July 11, 2015 3038 Views 0 comment Print

Hobby is the leisure time that we regularly spend after daily works like attending office, cooking, teaching, studying, etc. It’s a method of diversion from the monotony of routine. Pastime is the other name of the hobby. It can happen that the activity which is a pastime for one person can be a job to another person.

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