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Income from growing of mushrooms cannot be treated as an agricultural income

October 28, 2014 10167 Views 4 comments Print

Even if, growing of mushroom necessarily involve use of some soil, it could not by itself amount to carrying on a primary agricultural operation in the sense of cultivation of the soil. The assessee has failed to explain as to how it can be claimed that basic agricultural operations were carried out in mushroom production and how expenditure is incurred on primary operations i.e. planting of mushroom etc.

Loss from a Business Activity cannot be disallowed for mere non mention of that Activity in Form 3CD

October 27, 2014 2097 Views 0 comment Print

We have heard rival submission and perused the material on record. It is not disputed that the assessee had started the business of trading in shares from A.Y. 2007-08. For A.Y. 2007-08, assessee had earned profit of Rs.7,73,143/- which has been declared as “business income”

Sec. 194A TDS not deductible on Hundi discount as it is not interest

October 26, 2014 10704 Views 0 comment Print

During the course of the scrutiny the assessment proceedings the AO noticed that under the Head ‘Finance Expenses’ the assessee has debited an amount of Rs.91,30,250/- on account of discount on Hundi.

Penalty u/s 271(1)(c) should not be levied on the amount which was voluntarily surrendered by the assessee during survey

October 25, 2014 3300 Views 0 comment Print

It is evident from the record that surrender was made during the course of survey by the assessee and furnished the return of income declaring additional income and paid the tax thereon. Nothing has been brought out on record by the Assessing Officer that the surrender was made when the assessee was cornered by the Assessing Officer.

S. 68 Addition based on mere report of Investigation Wing not sustainable

October 24, 2014 2251 Views 0 comment Print

The only issue here is the addition of Rs.60 lacs made by the Assessing Officer as unexplained credit on account of the share application money. On going through the facts of the case, we notice that assessee has filed the relevant details which it could have filed in support of its contention

AO can make adjustment to profit if books are not in accordance with established accounting principles

October 24, 2014 1059 Views 0 comment Print

The assessee had contended that the Assessing officer was not entitled to make adjustments to book profit shown in the audited The question that had arisen was whether the Assessing officer was entitled to disturb the net profit shown by the assessee in the profit and loss account prepared as per the Companies Act, 1956.

Share broker business commences the day on which assessee files registration application with NSE

October 24, 2014 2393 Views 0 comment Print

The company was incorporated on 24-11-2004 under the Indian Companies Act with the authorized capital of Rs. 2,00,00,000/- being minimum capital for the company obtaining membership of stock broker.

Installation, commissioning or assembling services being part of composite supply contract covered by specific article on PE of DTAA & not general article on FTS

October 24, 2014 16401 Views 0 comment Print

Birla Corporation Limited Vs ACIT (ITAT Jabalpur) Installation, commissioning or assembling services being part of composite supply contract covered by specific article on PE of DTAA and not general article on FTS. Facts of the case: Birla Corporation Ltd. (taxpayer), an Indian company is engaged in the business of manufacturing and selling cement. During the […]

Mere Non recording of detailed reason in Assessment Order do not justify the presumption that order been passed without application of mind

October 24, 2014 916 Views 0 comment Print

First of all, we have to examine the documents produced by the assessee during the course of original assessment framed u/s. 147 read with section 143(3) of the Act vide order dated 20.11.2009. We find from the assessment order that the assessee produced complete details of purchases i.e. purchase statement.

Cash seized during search cannot be adjusted against advance-tax liability

October 23, 2014 1310 Views 0 comment Print

As per provisions of section 132B of the Act the assets seized u/s 132 or requisitioned u/s 132A may be adjusted towards the amount of any “existing liability”. The Explanation 2 attach to section 132B of the Act clarifies that for removal of doubts it is hereby declared that the “existing liability”

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