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S. 80P Co-Operative Credit Society is a Bank if it Satisfies the conditions of a Primary Bank

August 14, 2014 889 Views 0 comment Print

From the reading of Sec. 80P(4) it is apparent that this section denies deduction to a co-operative bank other than a primary agricultural credit society or primary co- operative agricultural and rural development bank.

Its inhuman to collect money for admission in medical college

August 14, 2014 627 Views 0 comment Print

Hon’ble Cochin ITAT has in the case of M/s Sree Anjaneya Medical Trust while disposing off the appellant’s plea for registration u/s 12A has held that collection of money for admission of students in the professional colleges is not only inhuman but also against the scheme of the Constitution of sec 12A.

Assessee cannot legally collect TCS from buyers who furnishes section 206C(1A) declaration

August 14, 2014 2589 Views 0 comment Print

Assessee cannot be treated as assessee in default for not collecting TCS from such buyers from whom the assessee received declaration as per provisions of section 206C(1A) of the Act.

Asset Side of Balance Sheet cannot be isolated from Liability side

August 14, 2014 2323 Views 0 comment Print

The assessee is engaged in agricultural and allied activity. This company is one of the group companies constituted by Shri B.Ramalinga Raju and his family members. During the course of scrutiny proceedings, the Assessing Officer called for the books of account of the assessee

No penalty for mere failure to compute capital gains U/s. 50C

August 10, 2014 6543 Views 0 comment Print

According to decision of Hon’ble Calcutta High Court in the case where addition is made on account of application of section 50C and Revenue failed to produce any evidence to the effect that assessee has actually received more amount than that shown by it on the sale of property then penalty under section 271(1)(c) cannot be levied.

Section 54/54F Exemption if more than one new flats constitutes one residential house?

August 10, 2014 5296 Views 0 comment Print

During the assessment year, the assessee has sold its factory premises from which it has been showing rental income. In the computation of total income the assessee has claimed deduction u/s 54F of Rs. 1 ,34,95,220/- on the investment in three flats.

TDS deductible on Excess amount paid on Cacellation of Flat Purchase Agreement

August 8, 2014 14851 Views 1 comment Print

In the instant case, the amounts were paid in respect of an obligation in respect of purchase of flat through agreement, therefore, no fault can be found on the part of the AO for treating these charges as interest and liable for TDS u/s 194A of the Act.

ITAT deletes Addition for unexplained cash credit in the form of Share Capital & Share Premium

August 2, 2014 1851 Views 0 comment Print

In the case of the assessee, summons issued by the Assessing Officer to the shareholder companies were duly served upon them and the shareholder companies responded to the Assessing Officer by affirming the investment made

For imposition of Penalty U/s. 271(1)(c) in Assessment U/s. 153A, original return of income filed u/s 139 cannot be considered

August 2, 2014 2547 Views 0 comment Print

Tribunal has come to the conclusion that for the purpose of imposition of penalty u/s 271(1)(c) as a result of search assessments made u /s 153A, original return of income filed u/s 139 cannot be considered. It was held that concealment of income has to be seen with reference to additional income brought to tax over and above the income returned by the assesee in response to notice issued u/s 153A

Salman Khan Gets relief in Penalty case – No Penalty if two views possible

July 31, 2014 10810 Views 0 comment Print

Assessee (Salman Khan) in the present case is a leading film actor who derives income from profession of acting and advertisement assignments. The returns of income for both the years under consideration i.e assessment years 2003-04 & 2004-05 were filed by him on 28-11-2003

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