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

October 17, 2017 4233 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 3792 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 12774 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 6255 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 1440 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 1725 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 4974 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 […]

ITAT allowed to not to treat gold up to 500 Gm of Married Lady as undisclosed Income

October 12, 2017 3762 Views 0 comment Print

Late Smt. Abida Mohammed Rakhangi Vs ITO (ITAT Mumbai)- ITAT held that we cannot also shut our eyes to reality of Indian lives wherein there is a love, pride and preference of Indian households to invest and hold gold ornaments etc for their usage as well for rainy days wherein gold can be sold to […]

Penalty u/s 221(1) for default in payment of self assessment tax u/s 140A wrt Original / Revised Income Tax Return

October 12, 2017 10110 Views 0 comment Print

Law explained on whether an assessee who defaults on paying self assessment tax u/s 140A while filing the return of income is liable for penalty u/s 221(1) if he files a revised return of income and pays the tax thereon at the time of filing the revised return of income

Computation of interest U/s. 234B when Assessment order was subjected to revision U/s. 263

October 11, 2017 21912 Views 1 comment Print

Where original assessment order was subjected to revision under section 263, interest under section 234B would be charged till completion of assessment under section 143(3) read with section 263.

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