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

January 10, 2015 8277 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 4756 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:

Mistakes in Amortisation U/s. 35D, 35DD & 35DDA of Income Tax Act,1961

January 4, 2015 37182 Views 0 comment Print

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.

If dividend is not received, disallowance u/s 14A cannot be made

January 4, 2015 2919 Views 0 comment Print

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

Tax Audit Limit is arbitrary & Unconstitutional – HC

December 28, 2014 3985 Views 5 comments Print

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.

Seizure of goods cannot be made on mere presumption

December 21, 2014 3071 Views 0 comment Print

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.

More than 50% of registered taxpayers not filing Excise returns

December 19, 2014 1731 Views 0 comment Print

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 […]

Only 44.74% Income Tax Returns filed by Corporates during FY 2006-07 to 2011-12

December 18, 2014 733 Views 0 comment Print

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 […]

Only 33% of registered persons filed Service Tax returns in 2013

December 18, 2014 612 Views 0 comment Print

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 […]

HC stays Levy of Interest U/s. 234A on I-T returns filed till extended due date of 30.11.2014

November 3, 2014 17130 Views 0 comment Print

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 […]

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