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Loss from a Business Activity cannot be disallowed for mere non mention of that Activity in Form 3CD

October 27, 2014 2109 Views 0 comment Print

We have heard rival submission and perused the material on record. It is not disputed that the assessee had started the business of trading in shares from A.Y. 2007-08. For A.Y. 2007-08, assessee had earned profit of Rs.7,73,143/- which has been declared as “business income”

Restaurant Services: Punjab And Haryana High Court Issues Notices To Centre And State

October 27, 2014 3489 Views 0 comment Print

On 16.10.2014 Hon’ble Punjab and Haryana High court issued notice of motion to the Centre and State Governments to appear on 05.12.2014 in the case of M/s Ramneek Beer Bar & Restaurant vs. Union of India and others (CWP No. 21365 of 2014). The case was heard by Bench Comprising of Honourable Judges Mr. Rajiv […]

Suggestions from the Industry and Trade Associations for Budget 2015-16 Regarding changes in direct and indirect taxes

October 27, 2014 1329 Views 0 comment Print

In the context of formulating the proposals for the Union Budget of 2015-16, the Ministry of Finance would like to be benefited by the suggestions and views of your Association. You may like to send your suggestions for changes in the duty structure, rates and broadening of tax base on both direct and indirect taxes giving economic justification for the same.

Sec. 194A TDS not deductible on Hundi discount as it is not interest

October 26, 2014 10713 Views 0 comment Print

During the course of the scrutiny the assessment proceedings the AO noticed that under the Head ‘Finance Expenses’ the assessee has debited an amount of Rs.91,30,250/- on account of discount on Hundi.

TDS / TCS – Restriction on Download of Conso Files & issues

October 26, 2014 4902 Views 0 comment Print

We are aware that recently TRACES enabled its online correction utility and seized downloading of conso files where the statement contained unmatched challans. It has caused inconvenience to many for the reasons stated below :

In case of disclosure of material facts of during original assessment proceeding, AO cannot issue re-assessment notice u/s 148 of the Act to find nature of same

October 26, 2014 1800 Views 0 comment Print

It is a settled position in law that for reassessment proceedings beyond the period of four years from the end of the relevant assessment year, it is an essential condition that the income chargeable to tax which has allegedly escaped assessment must be occasioned

S. 80IC Assembling of Tools & Machinery for final product is equal to manufacturing process

October 26, 2014 1526 Views 0 comment Print

The respondent-assessee was engaged in the business of manufacture of health care and surgical items and in the returns filed for Assessment Years 2006-07, 2008-09 and 2009-10 had declared taxable income of Rs.26,25,230/-, Rs.94,90,363/- and Rs.32,18,350/- respectively.

Penalty u/s 271(1)(c) should not be levied on the amount which was voluntarily surrendered by the assessee during survey

October 25, 2014 3321 Views 0 comment Print

It is evident from the record that surrender was made during the course of survey by the assessee and furnished the return of income declaring additional income and paid the tax thereon. Nothing has been brought out on record by the Assessing Officer that the surrender was made when the assessee was cornered by the Assessing Officer.

Expenses incurred between the dates of commencement of business to setting up of business are allowable

October 25, 2014 16453 Views 0 comment Print

Some of the relevant facts are, the assessee company was incorporated on September 19, 2007 under the Companies Act, 1956, to carry on trading activities which primarily included wholesale trading of all kinds of consumer goods durables, articles and products.

M/s Surya Constructions Vs. Commercial Tax Officer (WC & LT) – Kerala High Court

October 25, 2014 5907 Views 0 comment Print

When the petitioner had sub contracted the entire work and also obtained the Form 20H certificate from the sub contractor who undertook to discharge the tax liability in respect of the entire work that was sub contracted, the amounts retained by the petitioner, from out of payments made by the awarder of the contract, represented only the profit element that accrued to the petitioner in his capacity as the main contractor.

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