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Validity of Notice U/s 148 after 4 years from the end of relevant A.Y. without specifying the amount of income escaping assessment

June 26, 2018 6252 Views 0 comment Print

Notice u/s 148 of the Act can only be issued if the income escaping assessment amounts to, or is likely to amount to Rs. 1 lac. Non-recording of the reason by the Assessing Officer that the escaped income was likely to be Rs. 1 lac or more was fatal to the issuance of the notice for reassessment.

Penalty U/s. 271AAA cannot be levies if No search has taken place at assessee’s premises

June 25, 2018 1269 Views 0 comment Print

Facts of the case, in brief, are that the assessee is a company and filed its return of income on 26th March, 2013 declaring total income of Rs.2,12,72,940/-. A search and seizure action u/s 132 of the I.T. Act was carried out at the business premises of M/s. Aggarwal Associates and Jainco Group of cases and their relatives on 19.10.2011.

Section 234E Late Fee cannot be Levied Retrospectively

June 25, 2018 23085 Views 0 comment Print

This bunch of appeals for AY 2013-14 are directed against the order of ld. CIT(A), Gwalior against upholding levy of fee u/s 234E of the Income Tax Act, 1961(hereinafter short the Act).

Disallowance for personal use of Car cannot be made for mere non maintenance of log book

June 25, 2018 5043 Views 0 comment Print

Where the cars were used by the society for its work of school, and these cars were used for various purposes, such as, liaisoning with DIOS and CBSE Board, etc, such contentions had not been refuted with any cogent evidence, by AO therefore, no disallowance was to be made.

Addition on account of Valuation of stock not justified if Assessee consistently follows same valuation method

June 25, 2018 2019 Views 0 comment Print

Addition made in the income u/s 69B on account of failure of assessee to substantiate the excess stock found at his premises was not justified  as the excess stock came on account of sale price taken by Department and since inception of assessee-firm, it was valuing inventory on average cost method/weighted cost price which was verifiable from the statement of accounts appended to Return of Income thus, a method of accounting / Valuation adopted by the taxpayer consistently and regularly could not be discarded by the departmental authorities.

ITAT Condones Delay in filing appeal caused by fault of CA/ Counsel

June 25, 2018 4992 Views 0 comment Print

M/s. Midas Polymer Compounds Pvt. Ltd. Vs ACIT (ITAT Cochin) There was a delay of 2819 days in filing the appeal before the Tribunal. The assessee has stated the reasons in the condonation petition accompanied by an affidavit which has been cited in the earlier para. The assessee filed an affidavit explaining the reasons and […]

Jewellery cannot be treated as unexplained merely for continuance of sale jewellery for years

June 25, 2018 2076 Views 0 comment Print

The aforesaid appeal has been filed by the assessee against the impugned order dated 25.11.2014 passed by Ld. CIT (Appeals)-XXX, New Delhi for the quantum of assessment passed u/s.143(3)/153A for the Assessment Year 2011-12. In the grounds of appeal, the assessee has raised the following grounds.

Sustainability of Ad hoc disallowance of travelling & conveyance expenses

June 25, 2018 3360 Views 1 comment Print

Sh. Naresh Kumar Luhadia Vs DCIT (ITAT Jaipur) Full picture of how travelling expenses and conveyance expenses were being incurred by assessee was brought to the notice of AO in writing but AO, instead of appreciating facts and circumstances of the case, just made simple observation that assessee’s reply was very general in nature. There […]

Money received for issuing shares has to treated a capital receipt and cannot be taxed

June 25, 2018 3585 Views 0 comment Print

Challenging the order,dated 30/09/2016 CIT(A)- Mumbai-I the assessee has filed the present appeal.Assessee-Company,engaged in the business of manufacturing and selling of shaving products and systems,filed its original return of income on 30/11/2011 declaring total Loss at Rs.19.78 crores.The Assessing Officer (AO)completed assessment u/s. 143 (3) r.w.s. 92CA of the Act on 31/03/2016 determining income of the assessee at Rs.32,68,71,48,000/-

Deduction U/s. 36(1)(vii) for Bad debts for income offered to tax during earlier year cannot be disallowed

June 24, 2018 3636 Views 0 comment Print

The very fact that balances were shown under sundry debts itself went to prove that same had emanated out of sales of assessee and hence, income relatable thereto in the form of sales and services had been duly offered to tax in the earlier years in accordance with section 36(2) and therefore, disallowance made towards bad debts was not justified.

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