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Penalty for failure to get account audited not justified if assessee acted bona fide

September 22, 2017 2382 Views 0 comment Print

Even though the net profit / loss arising from the purchase and sale of securities was disclosed by the assessee in the profit and loss account, the value of such securities held by the assessee was fully and truly disclosed by the assessee under the head investment in the relevant balance sheet.

Exemption u/s. 10(23C)(v) eligible on addition under section 68

September 22, 2017 6000 Views 0 comment Print

Asst. CIT Vs. Gurudatta Shikshan Sanstha (ITAT Pune) Ground raised by the Revenue revolves around the correctness in granting exemption under section 10(23C) of the Act in respect of the additions made under section 68 of the Act. Held by ITAT I find from the records that no action has been initiated by the assessing […]

Hoarding rent-Income from house property or income from other sources?

September 22, 2017 13143 Views 0 comment Print

This appeal, filed by the assessee, is directed against the order dated 5-12-2011, passed by the learned Commissioner (Appeals), in the matter of assessment under section 143(3) of the Income Tax Act, 1961, for the assessment year 2008-09.

Ad hoc disallowance without rejection of books of account is not sustainable

September 21, 2017 4230 Views 0 comment Print

This is an appeal filed by the assessee against the order of Ld. CIT(A)-6, Kolkata dated 13.01.2017 for AY 2011-12. The first issue raised by the assessee is against the action of the Ld. CIT(A) in confirming the addition of Rs.10,747/- which was made by the AO as donation and subscription account.

Addition U/s. 69 justified for Excess gold recovered from employees

September 20, 2017 1056 Views 0 comment Print

Where assessee did not explain satisfactorily about excess gold found from his employee’s possession, addition made under section 69 was as such, rightly made.

CIT justified in invoking revisionary jurisdiction in PwC case

September 18, 2017 1401 Views 0 comment Print

This appeal by the Assessee arises out of the order of the Learned Principal Commissioner of Income Tax -1, Kolkata [in short the ld CIT] in M.No. Pr. CIT-1/Kol/Revision u/s. 263/2016-17/13718-21 dated 16.02.2017 passed u/s 263 of the Act against the order passed by the DCIT

Books of accounts cannot be rejected merely at the instance of assessee

September 18, 2017 6861 Views 0 comment Print

During the course of assessment proceedings, in response to each of the queries raised by the assessing officer in relation to observations of the special auditor, the assessee has repeatedly stated that his books of account should be rejected as done in past assessment years.

Reassessment Notice U/s. 148 merely on directions from JCIT or CIT is invalid

September 15, 2017 3648 Views 0 comment Print

Where reassessment proceedings were initiated on the directions from JCIT or CIT and AO had not carried out any independent exercise to examine fresh material to come to a conclusion that the assessment warrants reopening on account of escapement of income, the reassessment was bad in law.

ITAT Section 54EC exemption for Investing in REC Bonds of Rs.50 Lakh each in 2 Financial Years for A.Y. prior to 2015-16

September 14, 2017 4269 Views 0 comment Print

Government only intended to restrict the investment in a particular financial year and accordingly has fixed the limit of Rs. 50,00,000/- as permissible limit in a particular financial year. The Government did not intend to restrict the maximum amount of exemption permissible under Section 54EC.

Section 11 exemption cannot be denied for receipt of fees from non-members

September 14, 2017 960 Views 0 comment Print

Assessee is an association of professional and businessman to protect and promote the interest of its members. The income of the assessee is from membership fees from its members, specialized services, services and facilities, meetings, seminars and training programmes, sale of publication etc. It is also noted that the income of the assessee from other […]

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