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Peak credit theory will be applicable only when there are deposits in cash and withdrawals in cash. In the instant case when the deposits are made in cash and most of the withdrawals are by way of clearing and not cash withdrawn, therefore, the theory of peak credit is not fully applicable to the facts of this case.
Liability need not to always be a contractual one. On the basis of understanding between the two parties, both sides have passed necessary accounting entries. It was a genuine transaction. Since the assessee was unable to complete the SEZ it transferred the land to the sister concern IGICPL.
Here the assessee originally did not have the correct PANs of all the persons from whose payments, tax at source was required to be deducted. Despite that, the assessee did deduct tax at source and paid the amount to the exchequer well in time. The only fault of the assessee was in not filling PANs of some of the deductees which were not available at the time of filing e-returns. As soon as the AO issued notice for imposing penalty u/s 272B, the assessee obtained the relevant PANs and complied with the requirement by filing the revised statement.
Some CCA Regions have sought a clarification, whether the Steno quota for promotion to Income Tax Inspector (ITI) which remains unfilled in a particular year, gets merged into a common pool of ITl vacancies for the next vacancy year and is redistributed in the prescribed ratio of 3:1 among Ministerial and steno cadres or, remains earmarked forever for filling up by Steno cadres only.
Notification No. 46/2015 – Income Tax Dated- 17th June, 2015 Central Government hereby declares that any income arising to M/s Dassault Aviation S.A, having its office at S.A. at capital de 81 007 176 Euros RCS Paris B 712 042 456, by way of royalty or fees for technical services received in pursuance of the agreement vide General Contract No. Air HQ /96102/2/ASR-DA, on dated 29th July, 2011 entered into between M/s Dassault Aviation and Thales Systemes Aeroportes and the Government of India
Respective court was of the view that section 68 has no application because the same had already been taken in income of the assessee so it no where remains undisclosed. Moreover the assessee has duly discharged its onus to prove the credit worthiness of the donor by giving the list of the same
Pr. CIT Vs. M/s G.K. Properties Private Limited (Andhra Pradesh High Court) The case of the appellant-Department, in brief, is that the assessee had purchased agricultural lands with a clear intention to trade in buying and selling of agricultural lands
Assessing Officer has wrongly stated that Shri Prithvi Singh, father of the assessee has stated in his statement that he had no agricultural land in his name. Since, as per the Statement recorded by AO it is been observed that that Shri Prithvi Singh (father of the assessee) has stated that he has
D.R for the revenue argues that no appeal lies against Appeal Effect Order passed by Assessing officer. The appellant may apply to the Assessing Officer for rectification U/s 154 of the Income Tax Act, 1961 but no appeal be filed against appeal effect order passed by AO.
Order dated 14th May 2015 with respect to pagination and order dated 20th May 2015 with respect to adjournments are held in abeyance till further orders. [Justice (Retd.)
