Summary of the judgement About the assessee The assessee is a limited liability company engaged in the business of manufacture and sale of paints. It contended before the authorities that it had been its consistent practice to value the goods in process and finished products exclusively at cost of raw materials and totally excluding overhead […]
Addition to income cannot be made merely based on Valuation Report if no defect found in books of assessee If books of accounts are realistic , reliable and without any fault, then and not rejected by the AO then there comes no requirement to call for valuation report from registered Valuer in the case when […]
No transfer of the capital asset within the meaning of section 2(47) of the Income Tax Act , 1961 when a transfer is made by book entries only without a registered sale deed executed in favour of the transferee. as held in CIT vs Kedarnath Poddar & Co., in the Calcutta High Court (1993) 201 […]
The entries in the account books of the vendor and the vendee are not relevant for the purpose of determining whether a sale of immovable property had taken place. Its was too well settled that the litle to lands and buildings could not pass till a conveyance deed was executed and duly registered. The assessee […]
“Section 194C(1) :Scope of any work , explanation as income tax on income comprised therein , and total value of the work contract,TDS on reimbursement part explained by the Hon’ble SC in Associated Cement Company Ltd vs Commissioner Of Income-Tax … on 23 March, 1993 ‘194C(1). Any person responsible for paying any sum to any […]
No immunity from tax to the right person if revenue taxed wrong person contrary to law. SC in the case of Income Tax Officer vs Ch. Atchaiah on 11 December, 1995 There are no words in the present Act (The Income Tax Act , 1961) which empower the Income Tax Officer or give him an […]
Understanding Section 194C amendments and important court judgments on section 40(a)(ia) of the Income Tax Act.
The evil consequence of tax evasion or avoidance are manifold which are short listed as under 1. There is substantial loss of much needed public revenue particularly in a welfare State like ours as India which is a developing Country day by day. 2. There is the serious disturbance caused to the economy of the […]
Draft submission regarding refund to assessee after giving Appeal Effect by Jurisdictional Assessing Officer . Dear Sir , In continuation of my earlier letter Dt. 4.09.2020 sent on mail ID of the concerned Assessing Officer, Ward No. 6(1) , XXXXXXXX and also submitting the application at the counter of the ITD , XXXXXXX . I […]
Revenue has to give due regard to the orders of the higher appellate authorities which are binding on them Utmost regard should be paid by the adjudicating authorities and the appellate authorities to the requirements of judicial discipline and the need for giving effect to the orders of the higher appellate authorities which are binding […]
