Introduction- Sections 35D, 35DD and 35DDA of the Act provides for amortisation on preliminary expenses, expenditure in case of amalgamation or demerger and expenditure incurred under voluntary retirement scheme respectively. Present chapter deals with cases relating to amortisation where AOs did not apply relevant provisions correctly.
In further held that Once the assessee has been found to have made a business investment by way, of shares in related line of business, the said investment though held by way of shares in the said company cannot be subjected to disallowance under section 14A of the Act
All the auditors cannot be placed on an equal footing and an assumption cannot be made that an auditor would be able to fulfil his obligations only up to 30 tax audit assignments under section 44AB of the Income-tax Act, per financial year.
It is settled principle of law that seizure can not be made merely on presumption. There must be a material to show that the Section 52 Rule 58 or the procedure prescribed in the circular issued by the Commissioner has been violated.
CA Sandeep Kanoi After introduction of self-assessment, the return filed by a taxpayer is the only instrument to check the correctness of central excise duty paid to the government. Graph below indicates that more than fifty per cent of registered taxpayers are not filing returns. Government need to build a strong mechanism to ensure filing […]
CA Sandeep Kanoi In the period from Financial year 2006-2007 to Financial Year 2011-12, Total Income Tax Returns filed by Corporate Taxpayers was 25.55 Lakh against the Required 46.24 Lakh Returns. During the period in financial year 2006-07, 56.19% of Corporate Assessees has not filed Income tax Return required to be filed by them, while […]
CA Sandeep Kanoi As per Information available with us only 33 per cent of registered persons filed Service Tax returns in 2013. Table below depicts data on the number of persons registered with the Service Tax Department for the period FY 2008-09 to 2012-13. The number of registered persons increased by about 50 per cent […]
The Madras high court has granted an interim stay on imposing interest under section 234A of the Income Tax Act,1961 on taxpayers who are required to file their income tax (I-T) returns by the extended due date of November 30. The CBDT had issued the notification no. F.No.153/53/2014-TPL (Pt.I) dated 26.09.2014 extending the due date […]
CBDT is directed to modify the notification dated 20th August, 2014 issued in exercise of powers under section 119 of the Act by extending the due date for furnishing the return of income to 30th November, 2014.
Constitutional Bench of Hon’ble Supreme Court comprising Chief Justice RM Lodha, Justices JS Kehar, Jasti Chelameswar, AK Sikri and RF Nariman has struck down National Tax Tribunal set up vide NTT Act, 2005.