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AO cannot be uncertain in penalty order as to concealment or furnishing of inaccurate particulars of income

May 7, 2018 3786 Views 0 comment Print

HPCL Mittal Energy Ltd. Vs Addl. CIT (ITAT Amritsar) The moot question is that what should be the nature of specification of a charge by the AO at the stage of initiation of penalty proceedings and at the time of passing the penalty order. Is the AO required to specify in the penalty notice/order as […]

Assam to roll out intra-state e-way bill WEF 16th May, 2018

May 7, 2018 1713 Views 0 comment Print

Provisions of the e-way bill rules for intra-state movement of goods (movement of goods which commences and terminates within the State of Assam) shall be effective from 16th day of May, 2018.

Income not taxable for mere physical receipt of income, but on receipt of income in reality

May 6, 2018 3969 Views 0 comment Print

The present appeal has been filed against the impugned judgment and order dated 29.10.2012 passed by the High Court of Judicature at Madras in Tax Case (Appeal) No. 368 of 2005 wherein the Division Bench of the High Court allowed the appeal filed by the respondent by absolving the additional tax liability imposed by the Assessing Officer, vide order dated 25.01.1996.

Section 41(1) not apples if loan waiver not amounts to cessation of trading liability

May 6, 2018 2946 Views 0 comment Print

These appeals have been filed against the impugned judgment and order dated 29.01.2003 passed by the High Court of Judicature at Bombay in R.A.No.1561 (Bom)/1982 and R.A.No.5161/B/80 whereby the Division Bench of the High Court while giving answers to the Reference Applications filed by the Respondent as well as the Revenue, confirmed certain findings passed by the Income Tax Appellate Tribunal (in short ‘the Tribunal’) dated 16.08.1982 in favour of the Respondent

ICDs are Inland Ports & eligible for deduction U/s. 80-IA(4): SC

May 6, 2018 1536 Views 0 comment Print

CIT Vs. Container Corporation of India Ltd (Supreme High Court) Whether the ICDs can be termed as Inland Ports so as to entitle deduction under Section 80-IA of the IT Act. The term port, in commercial terms, is a place where vessels are in a habit of loading and unloading goods. The term ‘Port’ as […]

Amendment to s. 40(a)(ia) by Finance Act, 2010 are retrospective and curative in nature

May 6, 2018 4152 Views 0 comment Print

CIT Vs M/s Calcutta Export Company (Supreme Court of India) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to […]

Adverse material collected or found during survey can be utilised in Block Assessment

May 6, 2018 2043 Views 0 comment Print

CIT Vs S. Ajit Kumar (Supreme Court of India) The power of survey has been provided under Section 133A of the IT Act. Therefore, any material or evidence found/collected in a Survey which has been simultaneously made at the premises of a connected person can be utilized while making the Block Assessment in respect of […]

If assessee exercises safe harbour option and AO do not pass order declaring it invalid than option will be deemed as valid

May 6, 2018 2169 Views 0 comment Print

Mehsana District Co-operative Vs. DCIT (Gujarat High Court) Sub­rule (7) of rule 10THD thus lays down the time limit for the Assessing Officer to pass an order under sub­rule(4) and for the concerned competent authority to pass an appropriate order under sub­rule(6). We may recall under sub­rule(4), the Assessing Officer may declare that the option […]

Mere supply of food to employees of Company cannot be called as canteen activity

May 5, 2018 5967 Views 0 comment Print

The company is registered as Outdoor Caterers under the GST Act. It was also registered in the same category under service tax regime The company is engaged in the business of supply, by way of and as a part of and in any other manner whatsoever of goods, being food and any other article for human consumption or drink.

Addition for sundry creditors without rejecting purchase are not sustainable

May 4, 2018 11823 Views 0 comment Print

M/s. Gulf Steel & Minerals Vs ITO (ITAT Ranchi) The AO is wrong in making the impugned addition on account of sundry creditor, which are related to purchases and the same also accepted by the AO as genuine. Without rejecting the purchases, the sundry creditors cannot be treated as income of assessee  Therefore, addition made by […]

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