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No further addition if addition not made on re-assessment reasons

April 13, 2016 2494 Views 0 comment Print

In the absence of any addition having been made on incomes which the AO had reason to believe had escaped assessment, no addition of any other income could have been made and that the AO had exceeded his jurisdiction in passing the impugned order u/s 147.

Take flight of your dreams: Happy Women's day

March 8, 2016 4315 Views 1 comment Print

Our CA Profession is also not deprived of this gender discrimination. We have girls in huge numbers joining the course and also completing the course with flying colours but the number of girls or Female CA that join the main stream profession are very less in numbers.

While granting sanction u/s 151, application of mind is sacrosanct

February 27, 2016 2545 Views 0 comment Print

While granting sanction u/s 151 of the I.T Act,1961 for granting sanction for approval of re-assessment proceedings it is necessary for the authorithy to apply his/her mind. Mere affiction of signature along with date cannot be considered as proper approval.

Department must not take advantage of ignorance of the assessee about his rights

January 19, 2016 17989 Views 0 comment Print

Hon’ble Kolkata ITAT has in its judgement of Madhabi Nag v/s ACIT has placed reliance on The CBDT Circular No.14 of 1955 dated 11.04.1955 and has taken a view that the officers of the department must not take advantage of ignorance of the assessee about his rights

234E Fee deleted in the absent of the enabling provisions u/s 200A

June 13, 2015 30104 Views 0 comment Print

The Hon’ble Amritsar bench has given a landmark judgement on the issue of 234E Fee levied prior to June,2015 in the case of Sibia Healthcare Private Limited v./s Dy. Commissioner of Income-tax (TDS), in I.T.A. No.90/Asr/2015 and has deleted the addition-

Sec 50C(2) Mandates reference to DVO for ascertaining fair market value of property

April 15, 2015 4870 Views 0 comment Print

Hon’ble ITAT Ahemdabad in the case of Nikunjkumar H.Jariwala v/s ITO in I.T.A. No. 2404/Ahd/2011 vide order dated 19/03/2015 has held that as per the mandate provisions of section 50C(2) of the Act, the AO was not justified in adopting the value of the property as adopted by the stamp valuation authority without referring to the DVO for ascertaining the fair market value of the property.

For invoking reassessment proceedings, reasons has to be recorded & not conclusions

April 10, 2015 2281 Views 0 comment Print

Hon’ble Delhi ITAT has in the case of ACIT V/s M/s Responsible Builders Pvt. Ltd in ITA No. 2726/Del /2011 has held that it is trite law that in order to determine whether there are reasons to believe that the income got escaped the assessment, one has to look at the reasons recorded by the Assessing Officer before the issuance of notice under Section 148 of the Act.

A mere non discussion or non mention in assessment order would not justify sec 263

March 3, 2015 2159 Views 0 comment Print

Hon’ble Allahabad High Court in the case of CIT V/s M/S Krishna Capbox (P) Ltd in Income Tax Appeal No. 1 of 2015 has held that a mere non discussion or non mention in assessment order would not justify section 263 to be applied.

35 Pre-Budget suggestions by CA Prarthana Jalan

February 22, 2015 1107 Views 0 comment Print

1. Tax Slabs should be revised as per the DTC Bill Provisions The Parliamentary Standing Committee on Finance (PSC) in its Report on the Direct Taxes Code Bill 2010 (DTC Bill) has appropriately recommended the following revised tax slabs for individual taxpayers. 0-3 Lakh – Nil 3-10 Lakh-  10% 10-20 Lakh – 20% Beyond 20 Lakh – […]

Penalty based on order passed in cursory & summary manner not sustainable

January 21, 2015 2067 Views 0 comment Print

Hon’ble Delhi ITAT has in the case of M/s. Fortune Ploymers Industries Pvt.Ltd. vs. DCIT, has held that Penalty u/s 271(1)(c) cannot be imposed on an un-detailed assessment order passed in a cursory and summary manner .

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