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Photocopy of a document is acceptable evidence in income tax assessment proceedings

September 17, 2015 9668 Views 0 comment Print

Punjab & Haryana High Court in the case of Vikrant Dutt Chaudhary Vs. CIT held that photocopy of a document will always constitute relevant “material” for the purpose of assessment because the very use of word material in sec 143(3) clearly shows that the AO is not bound by the technical rules of evidence

Delhi HC dismisses ITR/TAR Due Date Extension Appeal

September 17, 2015 5254 Views 0 comment Print

In the case of Avinash Gupta and Ors V/s Union of India and Ors It was held by Delhi High Court that in this case it is pleaded that the petition is in the nature of public interest. However, the petition is not drafted as a Public Interest Litigation (PIL)

Reopening not permissible beyond four years if no failure on full disclosure

September 17, 2015 1009 Views 0 comment Print

In this case of United Shippers Ltd. Vs. UOI (Bombay High Court) reopening u/s 148 was challenged by way of writ on the ground that assessment was reopened after the expiry of four years and reason recorded did not indicate any material which the petitioner has not fully and truly disclosed in the assessment proceedings.

Demand barred by limitation if suppression not proved – HC

September 17, 2015 1940 Views 0 comment Print

In the case of, M/s. Aidees Electronics Pvt. Ltd. V/s. CCE it was held by Madras High Court that if the original authority had invoked the enhanced period of limitation on only one particular ground viz., suppression of fact and the appellate authority had set aside that finding

Delayed Payment of Employees’ Contribution to PF not allowable U/s 43B

September 17, 2015 11399 Views 0 comment Print

It was held in the case of CIT v/s South India Corporation Ltd. by Kerla High Court That the assessee is not entitled to claim deduction of the belated payments to the Provident Fund in view of the section 36(1)(va) and 43B of the Income tax Act.

Income already assessed in the hands of third party cannot be re-assessed in the hands of assessee

September 17, 2015 2292 Views 0 comment Print

The Hon’ble Kerala HC in the case of Jose Kuruvinakunnel vs. CIT held that the I.T Act does not envisage double taxation and assessment should be in the hands of the right person and that there cannot two assessments for the same income.

Payment can be considered as interest only when it is in respect of pre-existing debt obligation

September 17, 2015 1769 Views 0 comment Print

The Hon’ble Kerala HC in the case of Beacon Projects Private Limited held that a sum paid can be termed as interest only when the same is paid in respect of a pre-existing debt obligation and there existed a debtor-creditor relationship.

Assessee can adopt hybrid system for income computation provided the same followed consistently

September 17, 2015 7682 Views 0 comment Print

The Hon’ble Kerala HC in the case of Kerala Kamudi P. Ltd. held that the assessee is allowed to follow hybrid system of accounting for different nature of transactions provided the same is followed consistently and income can be deduced from such accounting.

Whether Section 153C enables AO to issue notice to third parties on the basis of entries in some documents

September 15, 2015 1460 Views 0 comment Print

A search took place on 14.02.2006 in the premises of M/s Radico Khaitan.In the course of these search proceedings, various documents including reports narrating amounts alleged to have been received or receivable from various members of the UPDA and the basis thereof were recovered.

Stamp duty value shall be deemed as full value of consideration if consideration for transfer lesser than stamp duty value

September 15, 2015 1519 Views 0 comment Print

Punjab & Haryana High Court in case of B.M.J Real Estate P. Limited held that where the consideration received or accrued as a result of transfer of capital asset being the land or building is less than the value adopted or assessed by the stamp valuation authorities

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