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Last Minute Form 3CD Schema Change but no extension

October 27, 2017 32763 Views 24 comments Print

CBDT and Finance Ministry seems to have their own merrily way as despite request from Taxpayer all around the country they have not bothered to accept their request for extension of due date of Income Tax Returns which are falling due on 31st October 2017 to 30th November 2017.

ITC-04 due date extension 3 Hour before the expiry of time to file

October 26, 2017 60375 Views 13 comments Print

For Quarter ending on 30th September 2017 due date to file ITC-04 was 25th October 2017 and CBEC has made an announcement to extended such date just 3 Hour before the expiry of due date.

Penalty cannot be levied merely on the ground of non-contest

October 10, 2017 1176 Views 0 comment Print

Non-contest in the proceedings under Section 73 cannot be used as a ground or reason to establish and show that requirements of Section 78 are satisfied. The Tribunal after appreciating different aspects, including conduct of the respondent-Corporation has held that penalty should not be levied. The finding is a finding of fact.

Interest on funds borrowed to purchase land forming part of inventory is allowable deduction U/s. 36(1)(iii)

October 10, 2017 8460 Views 0 comment Print

As purchase of inventory is continuation of same business activity, the, proviso to section 36(1)(iii)(d) did not get attracted in case assessee having borrowed funds to purchase inventory, therefore, assessee was duly entitled to claim deduction under section 36(1)(iii).

Appellant can’t be treated as Defaulter for DD misplaced by officer

October 7, 2017 735 Views 0 comment Print

This Demand Draft was sent along with a notice, dated 22.1.2015. The third respondent has received the demand draft, but, unfortunately, misplaced the same. It is not known, as to how, the Revenue Department of the Corporation can be so careless in misplacing the demand draft, especially, when such amount was directed to be paid, pursuant to the Court order.

ITAT explains Principles of mutuality in respect of club managed by HUDA

September 26, 2017 4299 Views 0 comment Print

The conditions for invoking the principle of mutuality have been recently enumerated by the Apex Court in Bangalore Club’s case (supra) wherein after considering various other pronouncements of the Supreme Court and the High Court on the subject, it has been laid down that principle of mutuality relates to the notion that a person cannot make a profit from himself.

Power of Social Media: I. T. Department relaxes restrictions on profile update

September 26, 2017 40578 Views 53 comments Print

On 22nd September 2017 to further terrorise the taxpayers and Professionals Income Tax Department has come up with a new requirement by which it has specified that from now onwards a Mobile number and Email address could be used only for three Income Tax Accounts instead of current limit of 10 accounts. Due to such […]

Exemption U/s. 11 cannot be Disallowed in toto for Voluntary Donations

September 22, 2017 2310 Views 1 comment Print

There is also no finding that the assessee has misused or not used the donations for any other purpose than the purpose for which they have been given i.e., for educational purpose. In such circumstances, we are of the opinion that the exemption under section 11 of the Act cannot be denied in toto to the assessee with regard to the voluntary donations received by the assessee.

Penalty for failure to get account audited not justified if assessee acted bona fide

September 22, 2017 2346 Views 0 comment Print

Even though the net profit / loss arising from the purchase and sale of securities was disclosed by the assessee in the profit and loss account, the value of such securities held by the assessee was fully and truly disclosed by the assessee under the head investment in the relevant balance sheet.

Cancellation of Assess Trust justified for accepting donation and giving back the same in cash

September 13, 2017 2562 Views 0 comment Print

These are appeals by the assessee against two orders both dated 25-2-2016 of C.I.T. (Exemptions), Kolkata (i) passed under section 12AA(3) of the Income Tax Act, 1961 withdrawing/cancelling the registration with effect from 1-4-2012

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