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CA Pankaj G. Shah

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

Income Tax : The Assessee was a significant shareholder in a company - The company sold building to shareholder on credit - Department treated ...

September 19, 2014 2200 Views 0 comment Print

Even if e-Return filed after due date but tax audit report obtained & not furnished no penalty u/s 271B

Income Tax : We found that assessee's case is squarely covered by the decision of Mumbai Bench in the case of B.D. Leasing and Finance Limited,...

April 10, 2013 3729 Views 0 comment Print


Latest Posts in CA Pankaj G. Shah

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

September 19, 2014 2200 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

Even if e-Return filed after due date but tax audit report obtained & not furnished no penalty u/s 271B

April 10, 2013 3729 Views 0 comment Print

We found that assessee’s case is squarely covered by the decision of Mumbai Bench in the case of B.D. Leasing and Finance Limited, (2013) 49(II) ITCL 148, wherein it was held that penalty u/s 271B for non-filing of tax audit report cannot be levied in view of the CBDT Circular No.9/2006 dated 10.10.2006, which provided that in case of electronic filing of return, tax audit report need not to be filed alongwith return.

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