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If AO was satisfied as to assessee’s computation of disallowance U/s. 14A, invocation of rule 8D could not be allowed

May 21, 2018 1458 Views 0 comment Print

Samvardhana Motherson International Ltd. Vs ACIT (Delhi High Court) The chronology of events leading up to the passing of the orders under section 143(3) of the Act, clearly shows that the assessing officer was ‘satisfied with the claim of the assessee’ while passing the original orders. Rule 8D is triggered only in a case where […]

Delhi HC Judgment on adjustment of Advance Tax under PMGK Scheme, 2016 and other issues

May 21, 2018 2040 Views 0 comment Print

Virag Tiwari Vs. Principal CIT & Others (Delhi High Court) In the present case we perceive that an equitable resolution is possible on interpretation of the provisions without undermining the object and purpose behind the Amendment Act. Thus while we have rejected the argument that advance tax of Rs. 85,50,000/- can treated as payment of […]

Income from bare letting of tenement is taxable as Income from house property

May 21, 2018 1425 Views 0 comment Print

These are eleven appeals by the Commissioner of Wealth Tax (hereafter ‘Revenue’) under section 27A of the Wealth Tax Act, 1957 (WTA), against the orders of the Income Tax Appellate Tribunal (ITAT) for assessment years (‘AYs’) 1984-85 to 1992-93 and assessment years 1997-98 to 1998-99.

Incentive Bonus to workers as reward of good attendance & efficiency allowable

May 21, 2018 1479 Views 0 comment Print

Heard Sri Gaurav Mahajan learned counsel for the department and Sri Arnab Banerji learned counsel for the assessee. This is an appeal under section 260A of the Income Tax Act, 1961 filed by the department against the order dated 6.1.2006 passed by the tribunal in I.T.A. no.614/Del/2002 for the assessment year 1997-98.

Reopening proceedings without communicating reasons for reopening to assessee not valid

May 20, 2018 1971 Views 1 comment Print

Initiation of reopening proceedings without communicating the reasons for reopening to the assessee was not justified.

Delhi HC sets out Principles for launching prosecution U/s. 279 for late deposit of TDS

May 20, 2018 3747 Views 0 comment Print

Indo Arya Central Transport Limited Vs. CIT (Delhi High Court) M/s Indo Arya Central Transport Limited have filed the present writ petition praying for the following reliefs:- “(a) Issue a writ of certiorari setting aside/quashing the impugned order dated 14.03.2017 passed by the Respondent No. 1; (b) Restrain the Respondent No. 1 and the officers […]

S. 148 Notice issued in the name of Company due to clerical mistake which already gets converted into LLP is valid

May 20, 2018 4950 Views 0 comment Print

Sky Light Hospitality LLP, a limited liability partnership, who had on 13.05.2016 taken over and acquired rights and liabilities of M/s Sky Light Hospitality Private Limited upon conversion under the Limited Liability Partnership Act, 2008, has filed the present writ petition impugning notice dated 30.03.2017 for the assessment year 2010-11 under Section 147/148 of the Income Tax Act, 1961 („Act‟ for short).

Penalty leviable if Assessee not Discloses source of Income despite voluntary disclosure

May 20, 2018 1986 Views 0 comment Print

Principal CIT Vs. Smt. Ritu Singal (Delhi High Court) In construing Section 271AAA one must not lose sight of its essential purpose which resulted in its enactment. There is a penalty at the rate of 10% of the undisclosed amount declared, if the conditions in Section 271AAA (2) are not met with. This is quite […]

Assessee entitled to interest on refund arising on excess payment of self-assessment tax U/s. 244A

May 20, 2018 1479 Views 0 comment Print

CIT Vs. P.N. Writer (Bombay High Court) Assessee was entitled to the interest on refund arising on excess payment of self-assessment tax under section 244A, despite the revenue’s contention that assessee had failed to produce any material which would demonstrate how this tax was worked out, and particularly during the course of self-assessment, since the […]

No Revision U/s. 264 possible if Assessee Failed to point out mistake apparent on the face of record

May 20, 2018 1284 Views 0 comment Print

Where revision application was filed by assessee, however, assessee had not been able to point out any error, which was apparent on the face of the order but the attempt appeared to be re-arguing the entire matter which is impermissible, accordingly, the review application was dismissed.

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