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Rajashthan HC remands back 81 appeals to ITAT for fresh decision

January 21, 2014 1267 Views 0 comment Print

Hon’ble Rajasthan HC has held in the case of CIT Vs. Ram Singh that the Judgment of ITAT in various cases passed by this case are stereo typed, non-speaking, unreasoned, arbitrary and whimsical andremand the matter back to the ITAT to re-visit the issue afresh de-novo

Employees’ PF/ ESI Contribution covered by S. 43B

January 17, 2014 2554 Views 0 comment Print

If the amount has been deposited on or before the due date of filing the return under Section 139 and admittedly it was deposited on or before the due date then the amount cannot be disallowed under Section 43B of the I.T. Act or under Section 36(1)(va) of the Act.

Allotment Letter date can be date of acquisition for Calculating Long Term Capital Gain

January 17, 2014 17455 Views 6 comments Print

Recently P&H High Court has held in the case of Mrs. Madhu Kaul Vs. CIT that identification of the flat or physical delivery of possession is irrelevant as right to hold properly stands crystalised upon allotment. The allotment of a particular flat and delivery of its possession would relate back to the allotment.

S. 272B Penalty is Rs. 10000 per deductor and not per wrong PAN

January 15, 2014 7852 Views 0 comment Print

The assessing officer had imposed penalty of Rs. 10,000/- in each case where PAN Number was not provided by the deductee. There were in all 30706 cases in which the PAN Number was missing or was incorrectly stated.

Recognition U/s. 80G(5) cannot be rejected for Mere non Commencement of one of the activities mentioned in object clause

January 15, 2014 1354 Views 0 comment Print

ALLAHABAD High Court Rejects Revenue’s denial of Sec 80G(5) recognition on the ground that the assessee-trust did not commence one of the activities mentioned in object clause- The fact that the assessee was still to commence the activity of establishing a hospital for imparting medical treatment would not by itself result in the rejection of the claim for recognition.

Employees’ PF/ ESI Contribution not covered by Section 43B

January 14, 2014 22152 Views 0 comment Print

Section 43B which permits a deduction for payments made upto the due date for filing the ROI applies only to the employer’s contribution to the provident fund etc. It does not apply to the employees’ contribution.

Method of accounting can be changed if such change is bona fide and permissible under law

January 13, 2014 14441 Views 0 comment Print

Change in method of accounting was bona fide and with the compliance of the Accounting Standard – AS 9 – Revenue Recognition issued by the Institute of Chartered Accountants of India and provisions of S.5 of the Act.

Exemption u/s 54EC can be availed by a Trust even if investments are made in the name of trustees or beneficiaries

January 13, 2014 5140 Views 0 comment Print

Facts in brief as emerged from the corresponding assessment order passed u/s. 143(3), dated 1.12.2009 were that the assessee is a trust and during the year disclosed a capital gain of Rs.87,29,080/-. It was informed that the assessee had invested a sum of Rs. 1,12,00,000/- in Rural

HC stays Late Filing Fees U/s. 234E for late filing of TDS return

January 10, 2014 52293 Views 52 comments Print

The constitutional validity of Section 234E of the Income Tax Act, 1961 has been challenged in the Kerala High Court in the case of Narath Mapila LP School vs. UOI WP (C) No. 31498/2013(J). Vide an interim order dated 18.12.2013, the High Court has admitted the Petition and granted a stay of proceedings for a period of two months.

Penalty u/s 271AAA on members of AOP for income initially disclosed and declared in the hands of AOP

January 10, 2014 1475 Views 0 comment Print

Penalty levied u/s 271AAA on members of AOP is rightly deleted by tribunal in a case where income initially disclosed and declared in the hands of AOP is subsequently disclosed in the individual hands of members forming AOP. CIT Vs. VIRENDARA KUMAR GUPTA (DELHI HIGH COURT)

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