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TDS U/s. 194C is not applicable to transactions of purchase of goods

October 18, 2017 33732 Views 0 comment Print

TDS requirement under section 194C is not applicable to transactions of purchase of goods, therefore, no disallowance under section 40(a)(ia) could be made.

Additional Income cannot be treated as undisclosed merely for admission during search

October 18, 2017 1668 Views 0 comment Print

Merely for the reason that the assessee had admitted additional income in the course of search for taxation, it cannot be said that such admitted income was undisclosed income within the meaning of ‘undisclosed income’ provided in Explanation to section 271AAA of the Act to impose the penalty.

Benefit of concessional tax rate on depreciable Assets cannot be denied if held for more than 3 Years

October 18, 2017 2052 Views 0 comment Print

This is an appeal filed by the revenue against the order of learned Commissioner (A)-9, Kolkata dated 24-11-2015 for assessment year 2006-07.

To continue appeal in amalgamation file revised Form No. 36 in new entity name

October 17, 2017 3534 Views 0 comment Print

EADS India (P) Ltd. Vs Dy. CIT (ITAT Bangalore) In case of amalgamation, assessee was required to file the revised Form No. 36 in accordance with rules, to continue its appeal in the name of new entity. In the absence of any amended Form 36/memo of parties, the present appeals were not maintainable. It is […]

Deletion of Penalty in case of Bonafide belief supported by Factual Circumstances & Decision

October 16, 2017 3492 Views 0 comment Print

Deletion Of Penalty In Case Of Bonafide Belief Of An Assessee: Especially When The Action Of Assessee Is Supported By Factual Circumstances And A Decision- Section 271 (1)( c) of the Income Tax Act, 1961 deals with the penalty in respect of failure to furnish returns, comply with notices, concealment of income, etc.

ITAT explains law on Levy of penalty U/s. 221(1)

October 14, 2017 11910 Views 0 comment Print

An assessee is liable to penalty under section 221(1) of the Act in a case in which the though the assessee has not paid the self assessment tax under section 140A, while filing the return of income, but revises the income, by filing revised return of income, and pays the tax on the revised return of income at the time of filing the revised return of income?

Interest U/s. 234A cannot be levied on Assessment considering return filed U/s. 139(1)

October 13, 2017 5895 Views 0 comment Print

G. Narasiman Vs. ITO (ITAT Chennai) Belated return filed under section 139(4) could not be revised under section 139(5). Therefore, revised return filed by assessee was invalid and to frame assessment by considering such return as return filed under section 139(1) was in conflict with charging interest under section 234A for delay in filing of […]

Giving awards, felicitating eminent people and organizing public debates is not charitable activity

October 13, 2017 1185 Views 0 comment Print

Denying 12AA registration to a Trust, ITAT held that activity of organizing meetings and giving awards to eminent people do not fit into the definition of charitable purpose under Income Tax Act, 1961.

No Penalty for claim which was allowed at one Stage and disallowed later on

October 13, 2017 1488 Views 0 comment Print

If a claim made by the assessee has been allowed at one stage and later on has been disallowed, ostensibly, the assessee can said to have some bona fide belief for making such a claim.

Hoardings rent income of Housing Society is taxable as House Property Income

October 12, 2017 4296 Views 0 comment Print

Bimanagar Co. Op. Housing Society Ltd. Vs ITO (ITAT Ahmedabad)- ITAT held that income earned by the assessee, in consideration of having given rights to have play hoardings etc. are taxable as income from house property. Accordingly, deduction under section 24(a) was indeed admissible in the present case. Full Text of the ITAT Order is […]

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