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Mere Voluntary Surrender of Income not absolves assesse from Penalty: Delhi HC

May 13, 2018 1353 Views 0 comment Print

A division bench of the Delhi High Court, last day held that mere voluntary surrender of income without disclosing its source cannot rescue assessee from facing penal consequences under the Income Tax Act.

Registration U/s. 12A of trust cannot be denied merely because it consists of Urologist Doctors

May 12, 2018 966 Views 0 comment Print

The Chhattisgarh High Court, in the case of Commissioner of Income Tax Central Revenue v. Chhattisgarh Urology Society recently announced that a society consists of urologist doctors eligible for registration under Section 12A of the Income Tax Act.

Notice U/s. 274 r.w.s. 271(1)(c) is untenable if issued without application of mind

May 12, 2018 34977 Views 0 comment Print

D.C.I.T Vs. M/s. Pennzoil Quaker State India Ltd. (ITAT Mumbai) On a perusal of the notice issued u/s. 271(1)(c) of the Act for initiation of proceedings we find that the Assessing Officer did not strike off and specify the charge/limb for which he is proposing to initiate penalty proceedings. However, in the Assessment Order, Assessing […]

Rent received by Association of Co-Owners Whose only Objective is to Derive Income from Letting out of Property is Taxable as ‘Income from House Property’

May 12, 2018 2868 Views 0 comment Print

Manek Lodge Properties Vs. Additional Commissioner of Income Tax (ITAT Mumbai) In the present case the assessee is nothing but association of co-owners of certain properties whose only objective is to derive income from letting out of property and nothing more. The bench also held that if the contention of Assessee is to be accepted, […]

Addition U/s. 68 for bogus share capital not justified for mere non-response by shareholders to summon U/s. 133(6)

May 12, 2018 1728 Views 0 comment Print

We are of the view that no adverse inference can be drawn against the assessee merely because reply has not been received by the AO in response to notice issued under Section 133(6). The AO having issue the notice and such notice having been served on the person concerned, the AO has to take the process to the logical end. He cannot draw adverse inference merely because reply has not been received.

Assessment framed by AO on non-existent amalgamated company is void ab initio

May 12, 2018 2712 Views 0 comment Print

In the case of Genpact Infrastructure (Bhopal) Pvt. Ltd, Delhi bench of Income Tax Appellate Tribunal ( ITAT ) recently held that addition cannot be made since the assessment framed by the Assessing Officer (AO) on the non-existent amalgamated company and not on the amalgamating company.

Investments held as stock-in-trade do not attract disallowance U/s. 14A

May 12, 2018 1638 Views 2 comments Print

Assessee was engaged in the business of investment in shares and securities, financing and granting loans and advances against shares. The assessee earned exempt dividend income and made suo moto dis allowance against the same under section 14A.

Power Banks not eligible for benefits under N/No. 12/2012-Customs

May 11, 2018 3723 Views 0 comment Print

The present appeal has been filled by the Revenue against the Order-in-Appeal No.204/GST/DL-Appl-II/17/ vide which the Commissioner (A) has set aside the order of adjudicating authority.

GST payable on non-tariff charges recovered by electricity distribution Company

May 11, 2018 5553 Views 1 comment Print

Under GST Act , The Services provided by M/s TPADL with respect to the non-tariff charges recovered from their customers are not eligible for exemption and M/s TPADL is liable to pay tax on the aforesaid recovery made from their customers.

Same Undisclosed Income cannot be taxed in the hand of both Partners & Partnership Firm

May 11, 2018 1887 Views 0 comment Print

Maheshbhai Shantibhai Patel Vs ITO (ITAT Ahmedabad) The taxability of undisclosed income detected in the course of search in the case of partnership firm where the assessee is a partner is in question. We shall first take a look into the second proposition raised on behalf of the assessee. On behalf of the assessee, it […]

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