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ITAT has no power to grant stay beyond 365 Days

February 26, 2014 3625 Views 0 comment Print

Recently Delhi High Court has held in the case of CIT Vs. s Maruti Suzuki (India) Limited (WP (Civil) no. 5003/2013 dated : 21.02.2014 that ITAT has no power to grant stay beyond 365 days in light of third proviso to Sec. 254(2A) inserted by Finance Act, 2008. High Court further held that Courts must respect legislative mandate.

Sec. 54EC on Depreciable Assets & One Crore Exemption

February 25, 2014 14165 Views 0 comment Print

Assessee can claim exemption under section 54EC on transfer of depreciable assets held for more than thirty-six months by investing in bonds notified for the purpose of Section 54EC. Further the assessee can claim exemption upto Rs. 1,00,00,000/- by investing the gain in the bonds notified under section 54EC if he invests Rs. 50,00,000/- each in two separate financial years but within six months from the date of transfer.

CBDT not maintains details of wrong claims maintained in Tax Audit Report in Form 3CD

February 24, 2014 3279 Views 0 comment Print

Recently Advocate B. S. K. Rao has file an RTI Application with Office of the Commissioner of Income-Tax (CPC), Bangalore and Requests to provide details of Wrong Claims reported in Form No.3CD uploaded to e-filing website of Income-Tax Department for the Assessment Year 2013-14, in respect of return filed in ITR-4 & ITR-5.

In Real Estate Broking Business passing of Commission is normal Practice

February 24, 2014 1763 Views 0 comment Print

ACIT vs. Shri Damodar Dass Batra (ITAT Delhi) – The Ld. CIT (A) has erred in deleting the addition of Rs. 11,23,263/- made by the A.O. without considering the fact that these commission expenses are bogus and fictitious and could not be fully substantiated by the assessee.

Penalty U/s. 271B by ITO exceeding Rs. 10,000 in absence of prior approval of Joint Commissioner not valid

February 17, 2014 4065 Views 0 comment Print

Learned Counsel for the Assessee submitted that the order imposing penalty does not disclose that prior approval of the Joint Commissioner was obtained in either of the two cases. He drew our attention to a judgment of this Court in the case of AWT No. 4 of 2003 and AWT No. 5 of 2003

Penalty u/s 271D cannot be levied for cash deposited in bank by company director for making urgent payments to suppliers

February 16, 2014 3947 Views 0 comment Print

Assessee is a private limited company engaged in the business of manufacturing of Casting. During the course of assessment proceedings AO noticed that Assessee has received cash loans on various days aggregating to Rs 8,89,000/- from Shri Ramusingh Badoria, the Director, of the Assessee.

S. 41(1) Merely because liabilities were outstanding for last many years, it cannot be said that said liabilities ceased to exist

February 16, 2014 2028 Views 0 comment Print

The Tribunal was justified in taking the view that the assessee had continued to show the admitted liabilities in its balance sheet, the same could not be treated as cessation of liabilities. Merely because the liabilities were outstanding for last many years, it could not be inferred that the said liabilities has ceased to exist.

No Proportionate disallowance of Interest u/s 14A if investments in shares been made from interest free funds

February 16, 2014 1745 Views 0 comment Print

We find that CIT(A) while deleting the addition has noted that the Assessee was having sufficient interest free funds and therefore there was no justification for presuming that any part of interest bearing loan has been utilized for the purpose of making investments.

No disallowance u/s 14A r.w. Rule 8D if interest income exceeds interest expenditure

February 16, 2014 3262 Views 0 comment Print

The assessee company is a builder and developer of residential and commercial projects. It was noted by the AO that the assessee company is a partner in several “partnership firms”. The AO had made a list of all those firms along with profit sharing ratio of the assessee in those firms.

PAN Card Notification ignores Practical issues in Implementation

January 28, 2014 13577 Views 0 comment Print

CA Sandeep Kanoi CBDT has changed the procedure for issue of PAN Card w.e.f. 03.02.2014 and has made it mandatory to submit self- attested copies of proof of identity, address and date of birth documents and also to produce original documents for verification vide its Notification No.  F.No: oPAN/1/3/2003/Part Dated: 24.1.2014 and vide Press Release […]

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