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 […]
Rearing of the silk worms is not Agriculture Income as defined u/s 2(1A) of the Income Tax Act , 1961 . Sericulture is not Agricultural activity and hence income derived from rearing silkworms is not Agricultural Income as defined in section 2(1A) of the Income Tax Act, 1961. Let us understand what is Sericulture and […]
Modi Industries Limited vs CIT (Supreme Court) Having regard to the scheme of the Act and use of the phrase `regular assessment’ in various sections of the Act – we are of the view that in Section 214, `regular assessment’ has been used in no other sense than the first order of assessment passed under […]
Taking into consideration the entire receipts of the assessee the return of the assessee has been filed u/s 44AE of the act as no books were required to be maintained by the assessee as per language of section 44AE of the Act. He has calculated his income according to the months of ownership of the trucks and applied presumptive taxation.
The law does not oblige a trader to make the maximum profit that he can out of his`trading transactions. Income which accrues to a trader is taxable in his hands: income which he could have, but has not earned is not made taxable as income accrued to him.
The assessee is running the business of property consultancy and also sale purchase of properties on commission basis. From the last so many years, he was doing business of property consultancy. He is regular income tax assessee from the last many years. The assessee is not at all well versed with computer work and cannot access to the computer. He is unable to check his mails as well as his portal on the ITD Website.
