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

February 24, 2014 3318 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 1766 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 4107 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 3962 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 2046 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 1763 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 3274 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 13655 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 […]

Revision of audited report by CA before adoption of earlier audit report in AGM would not constitute misconduct

January 28, 2014 1147 Views 0 comment Print

A careful analysis of Guidance Note on Revision of the Audit Report issued by the Council of the Institute of Chartered Accountants of India would reveal that it is permissible for the respondent to rectify and revise the audit report even after it is submitted.

Rajashthan HC remands back 81 appeals to ITAT for fresh decision

January 21, 2014 1219 Views 0 comment Print

Hon’ble Rajasthan HC has held in the case of CIT Vs. Ram Singh that the Judgment of ITAT in various cases passed by this case are stereo typed, non-speaking, unreasoned, arbitrary and whimsical andremand the matter back to the ITAT to re-visit the issue afresh de-novo

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