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S. 241(1)(c) Penalty cannot be imposed for merely for Rejection of Registration by RBI

November 15, 2018 1491 Views 0 comment Print

Farrukhabad Investment (India) Ltd Vs DCIT (ITAT Agra Third Member) The Id. DR cited several reasons, which, in his opinion, justified imposition of penalty, such as,. the RBI rejecting the application for registration of NBFC; names and addresses of the depositors not available; no books of account or vouchers available; a qualification by the auditors […]

Radiation Portal Monitors and Container Scanner at designated ports by 31.03.2019

November 15, 2018 411 Views 0 comment Print

The period for installation and operationalisation of Radiation Portal Monitors and Container Scanner in the designated ports is extended up to 31.03.2019.

No adverse inference can be drawn on Failure to offer cross-examination of persons whose statements are relied

November 15, 2018 1911 Views 0 comment Print

Failure by the AO to offer cross-examination of the persons whose statements are relied upon means that no adverse inference can be drawn against the assessee.

Merely because AO did not raise specific queries & is silent in assessment order does not mean there is no application of mind

November 15, 2018 2337 Views 0 comment Print

State Bank Of India Vs ACIT (Bombay High Court) It is submitted that in this case, the Assessing Officer while passing the regular assessment orders had overlooked and/or ignored this particular claim. It is submitted that it is not a case of change of opinion as neither the assessment order referred to allowing of this […]

Disclosures of commodity risks & risk management activities by listed entities

November 15, 2018 2427 Views 1 comment Print

Regulation 34(3) read with clause 9(n) of Part C of Schedule V of Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (SEBI LODR Regulations) mandates listed entities to make disclosures regarding commodity price risk and hedging activities in the Corporate Governance Report section of the Annual Report of a listed entity.

RTGS System – Implementation of Positive Confirmation

November 15, 2018 2358 Views 0 comment Print

This document outlines the process flow for electronic credit acknowledgement message (camt.059) to the remitter bank by the beneficiary bank after successful credit to the beneficiary account.

Reassessment for non-examination of one aspect of deduction during Original Assessment is invalid

November 14, 2018 639 Views 0 comment Print

Hitech Outsourcing Services Vs CIT (Gujarat High Court) We have noticed that the Assessing Officer in teh original assessment proceedings had examined the assessee’s claim of deduction under section 10B of the Act. It is not as if such claim went unnoticed or unscrutinized. He wanted to be specific about the assessee’s claim for deduction […]

Money or payment received in trust and in fiduciary capacity, should not be treated as income

November 14, 2018 1845 Views 0 comment Print

CIT Vs Society for Indian Automobile Manufactures (Delhi High Court) Ministry had sanctioned Rs.1,474.10 lacs ( including cost of land) for setting up Model Inspection & Certification Centres. The respondent/assessee was to execute this project for and on behalf of the Ministry. The amount received was in form of a financial sanction and not a […]

Section 40(a)(ia) applies only when there is no TDS deduction

November 14, 2018 3084 Views 0 comment Print

Once there was compliance to TDS provisions, even if there was short deduction of TDS or TDS had been deducted under different sections, there was no scope for AO to disallow expenditure under section 40(a)(ia) as provisions under section 40(a)(ia) is applicable only when there is no TDS deduction.

Deduction of interest on borrowed capital U/s. 24(b) on building demolished during the year

November 14, 2018 2667 Views 0 comment Print

Deegee Software (P) Ltd. Vs ITO (ITAT Mumbai) As long as the ‘annual value’ of a property can be determined under 23, there would be no embargo, as regards claim of ‘interest on borrowed capital’ under section 24(b).  Though a restriction as regards the quantum of deduction, is provided in the first proviso of section […]

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