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Andhra Pradesh HC

Rejection of claim raised in return of income ipso-facto not attract levy of penalty U/s. 271 (1) (c)

June 17, 2015 753 Views 0 comment Print

CIT Vs. G.K. Properties Private Limited (Andhra Pradesh HC) Merely because the assessee made a claim which was not acceptable ipso-facto cannot be said to have made a wrong claim by furnishing inaccurate particulars attracting penalty under Section 271(1)(c) of the Income Tax Act

No Penalty for mere Treatment of Capital Gain on Sale of Agricultural Land as Business Profit by AO

June 17, 2015 1287 Views 0 comment Print

Pr. CIT Vs. M/s G.K. Properties Private Limited (Andhra Pradesh High Court) The case of the appellant-Department, in brief, is that the assessee had purchased agricultural lands with a clear intention to trade in buying and selling of agricultural lands

Single Centering & shuttering material used in construction can be treated as plant

June 5, 2015 29445 Views 0 comment Print

CIT Vs. S. Vijaya Kumar (Andhra Pradesh High Court) Individual items of centering and shuttering material used collectively in construction process constitute ‘Plant’ in terms of first proviso to section 32 (1), even if they can’t be used on stand alone basis.

Input credit not allowed if Final Product exempt from Tax and such duty cannot be refunded

April 30, 2015 1549 Views 0 comment Print

CCECE Vs. M/s. Surana Telecom Limited (High Court of Andhra Pradesh) Rule 57L of the Rules which says that no credit of money on the inputs used in the manufacture of the final products shall be allowed if the final products are exempt from the whole of the duty of excise leviable thereon

Whenever order of Re-assessment is passed, Period of Limitation will start from the date of Re-assessment order and not from Original Assessment order

April 15, 2015 1326 Views 0 comment Print

Rastriya Ispat Nigam Limited v. ACIT In this case the writ petition was filed by the Assessee in which the AP High Court while dismissing the writ petition held that whenever an order is made under the re-assessment

Section 263 could be invoked if both the ingredients are satisfied

March 31, 2015 1132 Views 0 comment Print

While discussing the Revisional powers of CIT(A) u/s 263 it was held that the Commissioner has to be satisfied of twin conditions, namely, i) the order is erroneous; and ii) it is prejudicial to the interests of the revenue.

S. 263 Only precondition for revising order of AO is that order of AO should be erroneous

March 31, 2015 1076 Views 0 comment Print

CIT Vs. Shri Varanasi Khanta Rao (Andhra Pradesh High Court) When once the Commissioner has got power to point out the errors which had the effect on the revenue, the Tribunal cannot sit as an appellate authority on the order of the Commissioner passed under Section 263 of the Act.

Once an assessment is re-opened by virtue of order passed by CIT U/s. 263, the initial order of assessment ceases to be operative

March 17, 2015 1725 Views 0 comment Print

Sri Damodarlal Badruka Vs. ITO (Andhra Pradesh High Court) It is well settled that once an assessment is re-opened by virtue of the order passed by CIT under Section 263 of the Act, the initial order of assessment ceases to be operative.

Godown Rent cannot be treated as business Income as it’s not a continuous activity from year to year

March 11, 2015 20802 Views 2 comments Print

High Court held that Business is a continuous activity which is done year to year. Here, in this case the Assessee let out his godown and shown income as Income from Business instead of Income from property to which the High court do not agree

Income from Renting of Godown cannot be treated as Business income merely on the basis of Partnership Deed

March 11, 2015 5476 Views 0 comment Print

CIT Vs. M/s. Sileman Khan Mahaboob Khan (Andhra Pradesh High Court) Merely because one of the objectives, in the partnership deed, was to let out the godowns would not mean that the assessee had undertaken the activity of construction of godowns and letting them out as business activity.

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