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Once an assessment is re-opened by virtue of order passed by CIT U/s. 263, the initial order of assessment ceases to be operative

March 17, 2015 1662 Views 0 comment Print

Sri Damodarlal Badruka Vs. ITO (Andhra Pradesh High Court) It is well settled that once an assessment is re-opened by virtue of the order passed by CIT under Section 263 of the Act, the initial order of assessment ceases to be operative.

Income from Renting of Godown cannot be treated as Business income merely on the basis of Partnership Deed

March 11, 2015 5359 Views 0 comment Print

CIT Vs. M/s. Sileman Khan Mahaboob Khan (Andhra Pradesh High Court) Merely because one of the objectives, in the partnership deed, was to let out the godowns would not mean that the assessee had undertaken the activity of construction of godowns and letting them out as business activity.

15 Expectation from Union Budget 2015 on Direct tax Front

February 10, 2015 15647 Views 29 comments Print

CA Sandeep Kanoi Union Finance Minister Arun Jaitley is expected to present his first full term budget on 28th February 2015. Taxpayers once again start expecting Budget will provide them long overdue tax reliefs. Individual and Salaried Tax payer expects that what Mr. Jaitley not done in last budget will do in this budget and […]

MYFIT– Order Online Readymade Garment with your Own Fitting in few Steps

February 10, 2015 1067 Views 0 comment Print

Recently I heard that VAN Heusen offers a Service In which I can order My Shirt and Trouser online based on my own measurements. I do not have to adjust with cloths which are not made for me but for people of almost my built-up. I decided to give a try to Readymade Shirts of […]

How to get 10 Hours of CPE Credit of unstructured learning for 2014 & 2015

January 15, 2015 62035 Views 3 comments Print

One can claim the CPE hours for Unstructured learning by filing a Self Declaration Form with the ICAI after the end of every calendar year.Current Block for Compliance of CPE Hour is from 01.01.20111 to 31.12.2013.

Section 54 places thrust on investment & not on completion

January 11, 2015 3614 Views 0 comment Print

Smt. Rajneet Sandhu vs. DCIT (2010) 133 TTJ 0064 (Chandigarh): In this case the construction of the house was not completed within the prescribed period. It was held that section 54F does not prescribe that the residential house should be completed within the prescribed period and benefit under s. 54F was allowed.

Penalty imposed u/s 271(1)(c) cannot survive if issue is debatable & admitted by HC

January 11, 2015 1618 Views 0 comment Print

when the Hon’ble jurisdictional High Court has admitted substantial question of law on the addition, it becomes apparent that the addition so made has become debatable. The penalty was imposed on the basis of addition so made, therefore, when the addition on the basis of which the penalty was imposed has become doubtful/debatable, therefore, penalty imposed u/s 271(1)(c) of the Act cannot survive.

Depreciation optional- Assessee can claim Depreciation partly in respect of certain block of assets & not in respect of other

January 11, 2015 3596 Views 0 comment Print

Tribunal is right in law and on facts in holding that depreciation not claimed for by the assessee, cannot be allowed as a deduction despite the introduction of the concept of block assets. Depreciation is optional to the assessee and once he chooses not to claim it, the Assessing Officer cannot allow it while computing the income. Further, once the depreciation is option, applying the same ratio of Gujarat High Court and other Courts, it will be optional for block of assets also.

TDS credit must be given to deductee even if deductor fails to pay to government

January 10, 2015 8217 Views 0 comment Print

It is not disputed that tax was deducted at source by the tenant Union Motors Services Limited and they have issued some Certificates which has been given credit to by the Department. The present dispute relates to the failure of non issuance of TDS certificates by the tenant.

Penalty U/s. 234E fetches revenue of whooping Rs. 17497 crores

January 5, 2015 4711 Views 7 comments Print

In a reply to an application under RTI Act filed by CA Subin V R from Thrissur Income Tax Department has revealed the total amount collected under section 234E of the Income Tax Act in the financial year 2013-14 and from April 2014 to October 2014. As per the reply order dated 22-12-2014 the amount so collected is as under:

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