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Imposition of penalty U/s. 271(1)(c) on defective show cause notice without specifying charge against assessee cannot be sustained

January 12, 2018 3633 Views 0 comment Print

These are appeals by the Assessee against three orders all dated 13.06.2016 of C.I.T.(A)-I, Kolkata relating to A.Y. 2006-07 to 2008-09.

No penalty for disclosure of agricultural income from Ancestral Property in HUF

January 12, 2018 2922 Views 1 comment Print

Indore bench of Income Tax Appellate Tribunal (ITAT) deleted the penalty imposed by the Assessing Officer (AO) by considering the fact that the assessee conceded the transaction of Sale of Agricultural Land in the hands of his Hindu Undivided Family (HUF).

Central Excise Duty paid in Cash Eligible for Deduction

January 12, 2018 1266 Views 0 comment Print

We are unable to approve the findings of Ld. CIT(A). Whether the payment is in cash or by way of cheque, the Central Excise amount paid would be eligible for deduction, out of the receipts of the business concern.

Income from Sub-Letting of Property is not Assessable as House Property Income

January 12, 2018 4542 Views 0 comment Print

ITO. Vs. M/s Batram Properties Pvt. Ltd. (ITAT Kolkata) Under section 22 of the Act the charge to tax of income from house property is based on the ownership of such property. The admitted position in the present case is that the assessee is only a tenant and not the owner of the property. It is […]

Penalty for delay in filing Audit Report due to Dispute with Auditor is invalid: ITAT

January 12, 2018 19002 Views 0 comment Print

Due to disputes between the assessee with its earlier auditor and resignation thereof, the same (audited accounts) was filed before AO belatedly.

Deemed Dividend provision attracted on Loan Taken to pay Salary

January 12, 2018 1257 Views 0 comment Print

Taking loan from closely held company to discharge the payment of salary is to be treated as a commercial transaction. We are not in agreement with the submissions of the ld. AR as the salary commitment is in the proprietary concern, in which, assessee is the sole owner and any loan taken from the closely held company wherein assessee is holding substantial interest will definitely attract provisions of section 2(22)(e).

Expense cannot be disallowed for mere absence of voucher

January 11, 2018 6702 Views 0 comment Print

The ITAT, Lucknow bench in M/s Maheshwari Flour Mills vs. JCIT, has held that expenses related to the fundamentals of the assessee’s business cannot be disallowed merely n ground that they were not vouched.

Same cannot be assessed both in the hands of AOP and in Individual capacity of Assessee

January 11, 2018 2109 Views 0 comment Print

Once the assessment in the hands of AOP has been made then the assessment of the same income in the individual capacity tantamount to double assessment of the same income, which is impermissible in the eyes of law.

Every wrong claim by assessee cannot tantamount to furnishing of wrong particulars

January 11, 2018 2331 Views 0 comment Print

The ITAT bench comprising of Accountant Member T. S. Kapoor and Judicial Member Partha Sarathi Chaudhury, held that penalty under Section 271(1)(c) of the Income Tax Act, 1961 would not attract when assessee makes an Ineligible Claim.

A.O cannot reject books without pointing out any incorrectness in the same

January 11, 2018 3837 Views 0 comment Print

ACIT Vs Balajee Structural (India) Pvt.Ltd. (ITAT Raipur) It is  not in dispute that the appellant has maintained books of account regularly and these are duly audited u/s 44AB of the I.T. Act and the quantitative details were prepared and were duly audited. The variation in percentage of GP/NP or payments in cash, in the […]

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