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SEBI extends time limit for RTAs to send letters seeking PAN & bank details

July 16, 2018 1479 Views 0 comment Print

SEBI, vide circular No. SEBI/HO/MIRSD/DOP1/CIR/P/2018/73 dated April 20,2018, inter-alia, mandated RTAs to send a letter under Registered / Speed post seeking PAN and bank details within 90 days of the said circular and two reminders thereof after the gap of 30 days.

Withdraw appeals consequent to CBDT Circular No. 3/2018

July 16, 2018 21681 Views 0 comment Print

CBDT has issued Circular No. 3/2018 dated 11.07.2018 enhancing the monetary limits for filing SLPs/appeals before Supreme Court, High Courts and ITAT. Consequently, SLPs/appeals pending before these fora which are covered by the said Circular are required to be withdrawn/not pressed on priority so that the Department can focus on high value litigations.

No addition for jewellery found within CBDT circular prescribed limit

July 16, 2018 3168 Views 0 comment Print

Shri Ashok Jain Vs ACIT (ITAT Mumbai) In the present case the assessee has not filed any wealth tax returns. The Hon’ble Rajasthan High Court in the case of Satya Narain Patni (supra) noted that the jewellery found during the search was within the limits prescribed by the CBDT circular and in the first instance, […]

Penalty U/s. 271(1)(c) invalid if Not specifically mentioned in assessment order as to which limb penalty was imposed

July 16, 2018 6888 Views 1 comment Print

As neither the assessment order nor the show cause notice stated the specific charge of alleged concealment and/or furnishing of inaccurate particulars of income vis-a-vis addition made by AO, entire penalty proceedings under Section 271(1)(c) were vitiated.

Water-logged land adjacent to agricultural land will be treated as agricultural land

July 16, 2018 795 Views 0 comment Print

CIT Vs Shri. Shaji thomas (Kerala High Court) Assessing Officer had accepted the fact that 97.60 Ares of land sold by the assessee is agricultural land. In fact, the said finding was also on proof of specific agricultural operations having been undertaken in the said The adjacent land which is lying as Kayal land and […]

AO cannot determine fair rent on the basis of extraneous consideration

July 16, 2018 2007 Views 0 comment Print

Vidya Education Vs ITO (ITAT Delhi) The operative words in Section 23(1)(a) are the sum, for which, the property might reasonably be expected to let from year to year. These words provide a specific direction to the Revenue for determining the fair rent. The A.O. having regard to the aforesaid provisions is expected to make […]

Addition for Bogus long-term gains from penny stocks cannot be made merely on suspicion

July 16, 2018 2124 Views 0 comment Print

Pramod Kumar Lodha Vs ITO (ITAT Jaipur) Decision of the AO holding the transaction as bogus and denying the claim of long term capital gain under section 10(38) of the Act is based on suspicion without any material evidence to controvert or disprove the evidence produced by the assessee. The enquiry conducted by the ITO […]

Mere non production of Director of share holder company cannot justify addition u/s 68

July 16, 2018 777 Views 0 comment Print

AO has remained sited with folded hands and has not made any independent enquiry from concerned AO of share holder company which itself is sufficient to knock off the addition made. On basis of this I have no hesitation to delete the additions of Rs 25,00,000 and Rs 45,000 made u/s 68

SC on Rebuttal by Accused against Presumption in Cheque Bounce Cases

July 16, 2018 8202 Views 0 comment Print

Kishan Rao Vs Shankargouda (Supreme Court Of India) In the present case, the trial court as well as the Appellate Court having found that cheque contained the signatures of the accused and it was given to the appellant to present in the Bank of the presumption under Section 139 was rightly raised which was not […]

When sales are not doubted 100% disallowance for bogus purchase can’t be made

July 15, 2018 5283 Views 0 comment Print

This appeal by the assessee is directed against order of ld. Commissioner of Income Tax (Appeals)-1, Thane dated 13.07.2016 and pertains to the assessment year 2010-11

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