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Education Cess also refundable along with excise duty paid when it was not payable: SC

November 10, 2017 8271 Views 1 comment Print

SC held that appellants were entitled to refund of Education Cess and Higher Education Cess which was paid along with excise duty once the excise duty itself was exempted from levy

Addition for non TDS deduction not justified if form 15G been obtained

November 10, 2017 1335 Views 0 comment Print

Though the amount was credited to her account in the books of accounts of the assessee, the payment was not made to her and before making the payment and filing the return of income, the assessee had obtained the form 15G and forwarded to the Ld. CIT. Since the recipient was not having taxable income, obtaining form 15G before making the payment would be sufficient compliance and hence, we hold that the addition u/s 40(a)(ia) of the Act does not attract.

AO justified in making addition for unexplained amount deposited in bank

November 10, 2017 2436 Views 0 comment Print

George Alexander Vs ACIT (ITAT Cochin)  The Assessing Officer in para 6 of the assessment order had catalogued the unexplained deposits in various bank accounts. While working out the unexplained deposits in the bank accounts of the assessee, the Assessing Officer had given due credit to the income declared by the assessee in the return of […]

CIT(A) has no power to give direction to AO to reopen assessment

November 10, 2017 5424 Views 0 comment Print

CIT(A) has been given power u/s. 251 of the Act to confirm the order of AO reduce, enhance or annul assessment order under the provision of Act but there is no power available to Ld. CIT(A) to give direction to AO for reopening the case of other years.

S. 263 Non initiation of penalty proceedings during assessment renders it erroneous

November 10, 2017 5490 Views 0 comment Print

Tribunal was not justified in holding that the failure to initiate penalty proceedings in the course of the assessment did not render the assessment order erroneous and prejudicial to the interest of the revenue. The Commissioner had the jurisdiction to revise such an order.

Wealth Tax not payable on Cash Balance generated out of Cash Sales

November 8, 2017 3636 Views 0 comment Print

Cash in hand referred to in Section 2(ea)(vi) of the Act represents only the personal cash of the assessee emanating from his personal balance sheet. It nowhere contemplated the inclusion of cash which is held as business asset.

Google Case: No stay on demand on the ground of Appeal Filing

November 7, 2017 2115 Views 0 comment Print

M/s. Google India Pvt. Ltd. Vs DCIT (ITAT Bangalore) The present stay petition is filed seeking further extension of the stay of demand. Admittedly there is change of the circumstances from the first stay order, since this Tribunal had disposed of the appeal involving identical issue for earlier years against the assessee. Therefore, the principle […]

7 Day ITR / TAR Due date extension at Last Moment- What a Shame

November 1, 2017 54702 Views 55 comments Print

CBDT has extended Due date for filing ITRs & Tax Audit Reports under Income Tax Act,1961  from 30.09.2017 to 07.11.2017 for those who were liable to file ITRs by 30.09.17. The Extension was first announced on Twitter at 10.21 PM on 31.10.2017 and later by way of press release on pib.nic.in at 11.35 PM. Further […]

Why no Tax Audit / ITR Due Date Extension?

October 31, 2017 64104 Views 37 comments Print

As we all know Extended due date to file Tax Audit Report and related ITR for A.Y. 2017-18 is 31st October 2017, which the Taxpayers and Tax Professionals across the country were demanding to be further extended till 30th November 2017. One of the Major Arguments and reason for asking the extension was additional workload […]

90% of Taxpayer/ Professionals wants Income Tax Due Date Extension

October 31, 2017 70830 Views 61 comments Print

We have created a Poll on our twitter page on 24th October 2017 asking Taxpayer and Tax Professionals across India that do they think that Time Limit for filing IT Return (44AB Audit Cases) must be further extended to 30th November 2017. In response to our poll we have received  3285 Votes and 90% of […]

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