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Interest Income of Co-Operative Bank on deposits with Co-operative Bank not eligible for Deductoion U/s. 80P

September 24, 2014 5625 Views 1 comment Print

In the present case, we find that the assessee has earned interest income on fixed deposits made by the assessee with sub-treasury, Meenachili, Kadappattoor and SBI Pala totaling Rs. 20,21,909/- and the interest income earned on the surplus funds of the assessee cannot be considered

ITAT explains how to serve Proper Notice by Post & affixtures

September 19, 2014 28048 Views 0 comment Print

As per sub-section (1) of section 282, the notice is to be served on the person named therein either by post or as if it was a summons issued by Court under the Code of Civil Procedure, 1908 (V of 1908). The relevant provision for effecting of service by different modes are contained in rules 17, 19 and 20 of Order V of CPC. Rules 17, 19 and 20

Deemed dividend applies only where there is ‘actual payment’ & not on transaction in kind

September 19, 2014 2392 Views 0 comment Print

The Assessee was a significant shareholder in a company – The company sold building to shareholder on credit – Department treated it as ‘loan’ or ‘advance’ for invoking Section 2(22)(e). CIT(A) upheld the addition on the ground that since the unpaid purchase price has not been paid

B/F unabsorbed depreciation can be set off against Unexplained Income U/s. 68

September 17, 2014 6710 Views 0 comment Print

In the instant case, the Assessing Officer observed that the addition of Rs 13,80,000/- was made u/s. 68 of the Income Tax Act which does not form part of any specific head of income and is also not business income, therefore brought forward unabsorbed depreciation cannot be allowed set off against the same.

Reopening of assessment Beyond a period of 4 years without Approval of Joint Commissioner not valid

September 14, 2014 3888 Views 0 comment Print

Reassessment proceedings are bad in law in as much as the AO sought to reopen the assessment beyond a period of four years and not followed the procedures laid down in section 151(2) of the Act for issuing notice under section 148 of the Act.

Capital expenditure/ revenue expenditure – No reassessment in subsequent years – Reassessment quashed

September 14, 2014 2435 Views 0 comment Print

Assessee-Company,engaged in the business of life insurance,filed its return of income on 29/10/2005 declaring total income at Rs.3 1.19 lakhs. The return was processed u/s. 143(1) of the Act on 30/03/2007.Later on a notice u/s 147 of the Act was issued by the AO.From the assessment records

Reopening based on information received from Investigation Wing, without application of mind not sustainable

September 12, 2014 2444 Views 0 comment Print

At the time of hearing before us, it is submitted by the learned DR that the Assessing Officer had received definite information from the Director of Income Tax (Investigation), New Delhi with regard to accommodation entries being provided by various entry operators.

Information from investigation wing is only a prima-facie material and not conclusive

September 12, 2014 1898 Views 0 comment Print

Hon’ble Delhi ITAT has in the case of DCIT v/s Heminder Kumari in ITA No. 4210-4213/Del/2013 has held that the information received by the Assessing officer from his investigation Wing, at best, be regarded as a prima-facie material, but could not be construed as conclusive for use against the assessee to fasten any tax liability, because the same was required to be corroborated by credible and independent evidence.

Reasonable remuneration paid to secretary of trust, who is also a trustee is allowable

September 12, 2014 26936 Views 0 comment Print

In the instant case, the assessee is a charitable trust registered u/s. 12AA of the Act. The assessee trust paid remuneration of Rs 4,80,000/- to Shri Anantbhai K. Shah who is a full time secretary and trustee of the assessee trust.

Books of Accounts cannot be rejeced on mere fall in G.P Ratio

September 11, 2014 2436 Views 0 comment Print

We have found that the G.P. rate in this year has been on lower side. However, the decrease in G.P. rate stands explained by the undeniable reasons that there is heavy increase in purchase price, freight cost and export cost.

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