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Gujarat High Court

Special Audit justified if no book before AO and Specialized nature of business activities and multiplicity of transactions

September 25, 2017 1914 Views 0 comment Print

As common question of law and facts arise in this group of petitions and as such in respect of the same assessee, but with respect to different assessment years, all these petitions are disposed of by this common judgment and order.

Penalty U/s. 271AAA not applicable on failure to ask question regarding manner of earning of income

September 22, 2017 1236 Views 1 comment Print

Section 271AAA imposes an additional condition of the assessee having to substantiate the manner in which, the undisclosed income was derived. This requirement, however, must be seen as consequential to or corollary to the base requirement of specifying the manner, in which, the undisclosed income was derived. It is only when such declaration is made, the question of substantiating such disclosure or claim would arise.

Practicing CA Cannot Enroll As A Lawyer: Gujarat HC

September 9, 2017 5496 Views 0 comment Print

01 The present petition is filed by the petitioner under Articles 226 of the Constitution of India as well as under Sections 24 and 28 of the Advocates Act, 1961 for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued to the Bar Council of India to enroll […]

Treatment of bad debts for computation of book profit u/s 115JA/JB

August 21, 2017 17367 Views 2 comments Print

Brief facts leading to the reference are as under. The respondent assessee is a company registered under the Companies Act. For the assessment year 2003­2004, the assessee had filed return of income declaring nil income. The Assessing Officer framed the order of assessment on 27.03.2006

6 Month limitation period commences from the date of receipt of order sought to be rectified by assessee

August 13, 2017 4122 Views 0 comment Print

Feeling aggrieved and dissatisfied with the impugned order passed by the learned Central, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Ahmedabad (hereinafter referred to as CESTAT) dated 18/08/2015 by which the learned CESTAT has dismissed the rectification application on the ground that the said application has been preferred beyond the date of six months from the date of passing the original order, appellant has preferred the present Tax Appeal.

HC Judgment on Addition for Sham Transaction in the hand of Partners

August 2, 2017 2448 Views 0 comment Print

CIT (Appeals) in a detailed judgement, reversed the order of the Assessing Officer holding that if at all the transaction was held to be sham, the additions can be made in the case of the firm and not the partners.

It’s wholly illogical to limit PAN corrections in TDS statement to only two alphabets or numbers

July 27, 2017 2244 Views 0 comment Print

The petitioner has challenged the action of the respondent in not permitting the petitioner to correct the error in mentioning the Permanent Account Number (PAN for short) of one of the agencies to whom the petitioner had made multiple payments during the relevant financial period for which deduction of tax at source was necessary.

Interest on NPAs: RBI Directions U/s. 45Q of RBI Act prevail over sec. 145 of IT Act, 1961

July 26, 2017 3042 Views 0 comment Print

Appellant contended that section 43D of the Act itself recognises recognition of taxability of such interest and that when a specific provision in the nature of section 43D of the Act has been made, and entities like the assessee are excluded from the purview thereof, the assessee cannot indirectly claim benefit which would amount to […]

Royal Buggy used by royal family for ceremonial occasions is exempt from Wealth Tax

July 25, 2017 1023 Views 0 comment Print

This appeal is filed by the assessee challenging the judgment of the Income Tax Appellate Tribunal (Tribunal for short) dated 26.9.2001. Appeal was admitted for consideration of following substantial question of law.

Principle of Mutuality applies to Club run by a Company

July 25, 2017 1467 Views 0 comment Print

This Tax Appeal is filed challenging the judgement of the Income Tax Appellate Tribunal dated 28.08.2006. The Tax Appeal has been taken up for consideration of following substantial questions of law: [A] “Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT(A) deleting the addition of […]

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