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Addition cannot be made merely for sale of Flat at an undervaluation

July 8, 2018 2070 Views 0 comment Print

The fact that the assessee has sold flats at an undervaluation does not mean that he has understated the consideration and earned undisclosed ‘on money’. The mere presumption that excess price could have been charged is not a ground for coming to the conclusion that the assessee did charge a higher price. The burden of proving such understatement or concealment is on the Revenue

CSR expense incurred on peripheral development prior to 01.04.2014 allowable

July 8, 2018 1644 Views 0 comment Print

This appeal filed by the assessee is directed against the order of Ld. CIT(A) – 2, Kolkata dated 30.01.2017 and the solitary issue involved therein relates to the disallowance of Rs. 3 6,92,842/- made by the AO and confirmed by the Ld. CIT(a) on account of peripheral development expenses.

Expense on Pujas, Functions & related donations at construction sites is allowable

July 8, 2018 1836 Views 0 comment Print

At the time of hearing before the Tribunal, the learned counsel for the assessee has not pressed ground no 1 raised in the appeal of the assessee. It is also noted that ground no 4 raised by the assessee in this appeal in general which does not call for specific adjudication.

Profit / Loss from Trading in currency derivatives cannot be treated as Speculative

July 8, 2018 21357 Views 0 comment Print

Because on due consideration of facts, circumstances of the case more particularly in view of the fact that transactions in currency derivatives made by the assessee which were all supported by time-stamped contract notes conducted at the floor of recognized stock exchange resulting into loss of Rs. 1,709,121, learned ‘CIT (Appeals) has erred in law holding the same as speculative transactions and thereby not allowing set off of same against other business income of the assessee

Penalty U/s. 271(1)(c) cannot be levied if AO did not specify grounds on which penalty was imposed

July 8, 2018 3444 Views 0 comment Print

The appeal filed by the assessee is against the order of learned Commissioner (Appeals), Durgapur dated 31-3-2015 for assessment year 2010-11 in respect of upholding the penalty of Rs. 3,01,031 imposed by the assessing officer under section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as the Act).

Same income cannot be Taxed Twice offered erroneously in two different years

July 8, 2018 9486 Views 0 comment Print

The instant appeal has been filed before us by the assessee against the order dated 16.12.2015 passed by the Commissioner of Income Tax(Appeals)-16, Kolkata under section 143(3) of the Income Tax Act, 1961 arising out of the order dated 30.12.2008 passed by the Income Tax Officer, Ward-7(3), Kolkata for the assessment year 2006-07 with the following grounds

Penalty U/s. 271(1)(c) cannot be imposed unless same been particularized

July 7, 2018 15501 Views 0 comment Print

CIT Vs M/s. L & T Finance Ltd (Bombay High Court) In none of these orders there is any whisper of the alleged particulars of income which has been concealed or what particulars of  income which have been filed is inaccurate. Mere using the words that there has concealment of income and / or furnishing inaccurate […]

In absence of exempt income no disallowance under section 14A

July 7, 2018 4569 Views 0 comment Print

Since the assessee’s profit and loss account showed only one item of expenditure which had been booked in the accounts and there was no exempt income earned by the assessee, the question of disallowance under section 14A did not arise.

Govt Servant requested to File Income Tax Returns within Due Date

July 7, 2018 8418 Views 0 comment Print

As you might be aware, every person who is having income more than Rs.2,50,000 Is bound to file his/her return income. This includes the Government Servants also. However, the data of returns filed Indicate that more than 50% of the Government Servants at Chennal are not filing their Income tax returns. I hope, you will agree that as government servants, we should abide by laws and to be role models to the common citizens of our country. If we, Government servants ourselves are violating law by not filing our income tax returns, we don’t have any moral right to blame other sections of society

BSE notifies Compulsory Delisting of 216 companies WEF July 4, 2018

July 7, 2018 1914 Views 0 comment Print

210 companies (given in Annexure I) that have remained suspended for more than 6 months would be delisted from the platform of the Exchange, with effect from July 4, 2018

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