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TDS Credit allowed in subsequent year as it wasn’t claimed in year of income due to delay in issue of TDS Certificate

September 27, 2013 17074 Views 0 comment Print

An argument raised by counsel for the revenue that the matter be remitted to enable the Assessing Officer to verify receipts recorded in account books for the financial year 2005-06, cannot be accepted as the matter has been considered in great detail. The Commissioner of Income Tax (Appeals) has only after appraising the account books and referring to each receipt and TDS certificate, set out facts in a tabulated form and only after satisfying himself as to the bonafides of the assessee’s plea held that there was no fault on the part of the assessee.

Arrest for Drinking cutting tea suspiciously not lawful – HC

September 23, 2013 5817 Views 0 comment Print

– We were unaware that the law required anyone to give an explanation for having tea, whether in the morning, noon or night. One might take tea in a variety of ways, not all of them always elegant or delicate, some of them perhaps even noisy.

Section 50C – If Assessee objects stamp duty valuation, AO must refer valuation of capital asset to DVO

September 18, 2013 13706 Views 2 comments Print

We are of the view that whenever objection is taken or claim is made before AO, that the value adopted or assessed or assessabe by the Stamp Valuation Authority under sub-section (1) of Section 50-C exceeds the fair market value of the property on the date of transfer

Validity of ALP determined by TPO of unreported transactions not referred to it

September 18, 2013 366 Views 0 comment Print

The petitioner, a company incorporated under the Companies Act, 1956, seeks a writ of certiorari to quash and set aside a Transfer Pricing Order dated 31 st October, 2011, passed by respondent No.2 – Additional Commissioner of Income-tax, Transfer Pricing

S. 45(4) not applies if retiring partner takes only money for his share & if there is no distribution of capital assets among partners

September 16, 2013 10797 Views 0 comment Print

To attract Section 45(4) there should be a transfer of a capital asset from the firm to the retiring partners, by which the firms ceases to have any right in the property which is so transferred. In other words, its right to the property should stand extinguished and the retiring partners acquires absolute title to the property.

HC Directs Govt. to take steps for Welfare Of Sales Tax Tribunal in Maharashtra

September 16, 2013 1109 Views 0 comment Print

The Sales Tax Tribunal Bar Association in the State of Maharashtra has filed this Writ Petition seeking certain directions relating to appointment of members of the Sales Tax Tribunal under the Maharashtra Value Added Tax Act, 2002.

S. 54F Deduction not allowable if assessee owns more than ne residential house on the date of transfer

September 13, 2013 18318 Views 0 comment Print

Exemption u/s. 54F has been granted to the assessee with a view to encourage construction of one residential house. The construction/purchase of a house other than one residential house is not covered by section 54F of the Act.

Unexplained commodities income would fall U/s. 68

September 10, 2013 4943 Views 0 comment Print

Rs.11,19,765/- claimed Ly the appellant as commodities income is not relatable to the business of the appellant and as held by the Assessing Officer, duly affirmed by the Income TAX Appellate Tribunal and is a sham transaction, recorded with the sole object of evading tax by claiming this amount as income from other sources.

HC presumes culpable mental state on the part of accused & Confirms Prosecution for non filing of Return

September 9, 2013 3711 Views 0 comment Print

It would be for the respondent to establish during the trial that her failure to file her return was not wilful. The Courts below went wrong in going into the question as to whether the explanation offered by the respondent in response to the show cause notice given to her before the filing

Whether a gas cylinder attached to truck shall be considered as a part of truck or considered as gas cylinder only

September 9, 2013 1514 Views 0 comment Print

The Hon’ble High Court placed reliance on the decision pronounced in the case of CIT vs. Goyal MG Gases Ltd., (2008) 296 ITR 72 (Delhi) wherein it was held that a tanker or a gas cylinder attached to the body of a truck continues to be a gas cylinder

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