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Appeal once filed cannot be withdrawn

May 12, 2014 19561 Views 0 comment Print

There is no provision in the Income Tax Act, 1961 which permits withdrawal of an appeal, once it is filed, and registered. In other words, once right of appeal is exhausted, by party concerned, and the appeal is filed before appropriate Appellate Authority, who after receiving same has registered it, I find no provision in the statute permitting withdrawal thereof.

Revised SC guideline in Cheque Bounce Cases U/s. Section 138 (NI Act)

May 11, 2014 29275 Views 0 comment Print

Notice via email also- MM/JM should adopt a pragmatic and realistic approach while issuing summons. Summons must be properly addressed and sent by post as well as by e-mail address got from the complainant.

Section 80HHC- SC Explains meaning of Turnover- Sale proceeds of scrap is not ‘turnover’

May 11, 2014 7200 Views 0 comment Print

So far as the scrap is concerned, the sale proceeds from the scrap may either be shown separately in the Profit and Loss Account or may be deducted from the amount spent by the manufacturing unit on the raw material, which is steel in the case of the respondent-assessee

No disallowance U/s. 14A for investment in shares of subsidiaries & Joint Ventures

May 4, 2014 4340 Views 0 comment Print

For the year under consideration the assessee has specifically raised a point before the AO that 97.82% of the investment is in the subsidiary companies and joint venture companies and, therefore, no expenditure was incurred for maintaining the portfolio on these investments

VCES application rejection for Delay or Short Payment of taxes valid – HC

May 1, 2014 4575 Views 0 comment Print

The High Court of Ahmedabad held in the case of Ramilaben Bharatbhai Patel v. Union of India that in exercise of writ jurisdiction, the High Court does not have power to waive or relax the condition of depositing 50% of tax dues by December 31, 2013 under the Service Tax Voluntary Compliance Encouragement Scheme, 2013.

Addition for Subscription to share Capital by Kolkata based companies

April 21, 2014 4848 Views 0 comment Print

The Hon’ble Supreme Court in the case of CIT Vs. Lovely Exports Pvt. Ltd. (supra), has held that if the share application money is received by the assessee company from alleged bogus shareholders whose names are given to the AO then the department is free to proceed to reopen their individual assessment in accordance with law but it cannot be regarded as undisclosed income of the assessee company.

Addition for loan received after deposit of Cash in Bank Account of loaner

April 21, 2014 4273 Views 0 comment Print

It is a fact that the assessee is not required to prove the source of source of the amount found credited in the accounts of loan creditors as held by the Hon’ble Delhi High Court in the case of Dwarik Dwarikadhish Investment (P.) Ltd. (supra) and CIT vs. Diamond Products Ltd. (supra).

Govt woman employee can get uninterrupted 2-yr leave for child care – SC

April 16, 2014 5819 Views 0 comment Print

In the present case, the appellant claimed for 730 days of CCL at a stretch to ensure success of her son in the forthcoming secondary/senior examinations (10th/11th standard). It is not in dispute that son was minor below 18 years of age when she applied for CCL.

SC grants recognition to transgenders / Eunuchs as third gender

April 16, 2014 1956 Views 0 comment Print

In a historic move, the Supreme Court on Tuesday granted legal recognition to transgenders as ‘third gender’ as a mandate of social justice in response to writy filed by National Legal Services Authority . The apex court ordered the Centre and the states to recognise transgenders as a class apart from male and female.

Tax Audit is exclusive domain of Chartered Accountants

April 16, 2014 10698 Views 0 comment Print

The requirements of Form 3CA/Form 3CB require the auditor to give a true and fair view on the accounts of the assessee which can be given only by persons having a high degree of training and competence in accounting. This level of knowledge in accounting is possessed only by chartered accountants acquired by virtue of […]

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