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Income Tax Department detects Foreign Assets in recent search

July 29, 2019 1053 Views 1 comment Print

Income Tax Department conducted searches on 23rd July, 2019 in a group covering 13 premises across 3 States (Delhi, Haryana & Himachal Pradesh). The group, controlled by persons who have significant political presence in a neighbouring State for decades and are occupying responsible political positions, has been generating large amounts of undisclosed income over several […]

ICAI clarifies on possession of CA exam answer books by unauthorised person

July 29, 2019 1707 Views 4 comments Print

An instance of Examination books being in illegal possession by an unauthorised person has recently been reported at Kolkata involving around 500 copies. It is clarified that ICAI examination system is totally robust and this instance is an aberration.

Delay in TDS deposit without reasonable cause punishable with imprisonment & fine

July 28, 2019 4110 Views 0 comment Print

Deposit of TDS deducted to the credit of the Central Government with delay of 12 months without having reasonable cause was punishable with rigorous imprisonment of 3 months and fine of Rs.5,000/­ (Rs. Five Thousand only) each for having committed offence..

Assessment with notice u/s 143(2) prior to filing of return of income is invalid

July 27, 2019 2676 Views 0 comment Print

Notice under section 143(2) was issued prior to the filing of the return of income which was invalid and the assessment order passed would also be invalid.

Section 234E fee for delay in TDS statement filing leviable on each flat purchase  instead of single transaction

July 27, 2019 1872 Views 0 comment Print

When assessee itself had filed separate TDS statements in respect of the tax deducted at source relating to the respective flats, while processing such statements under section 200A, AO had to levy fee under section 234E taking into account the delay in filing each of the statements and the levy of fee prescribed under section 234E could not be restricted to one challan–cum–statement filed in Form no.26QB. 

Section 54 Exemption cannot be denied for fault of developer

July 27, 2019 1239 Views 0 comment Print

Assessee was entitled to exemption under section 54 even if he had not taken possession nor the purchase deed had been executed within the period of three years because  the delay in obtaining possession and getting purchase deed executed was on account of the developer and was by reason beyond the control of assessee. 

Addition u/s 69B justified in respect of unaccounted money paid in cash to sellers of land

July 27, 2019 3447 Views 0 comment Print

Addition under section 69B of unaccounted money invested in purchase of land by assessee by paying in cash to sellers of land was justified as assessee-purchaser had no evidence to controvert the same.

Extension of timeline for completion of assessments in OCM cases

July 26, 2019 1512 Views 0 comment Print

Extension of timeline for completion of assessments in OCM cases where no return has been filed in response to notice u/s.142(1) of the Income-tax Act,1961(‘Act’) and the assessments have to be completed u/s.144 of the Act

Section 271AAB Penalty justified if surrendered stock was unaccounted

July 26, 2019 2259 Views 0 comment Print

Penalty under section 271AAB was justified as the surrender had been made on account of discrepancy /shortage in stock which had not been accounted for by assessee and the same was therefore rightly been held to qualify as “ undisclosed income” as per the definition in section 271AAB.

Depreciation @ 25% on toll way rights treating as intangible asset allowable

July 26, 2019 2025 Views 0 comment Print

ITAT held that CIT(A) rightly directed Assessing Officer to allow the assessee’s claim of depreciation @ 25% treating the toll way rights as an intangible asset under section 32(1)(ii) of the Income Tax Act, 1961.

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