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CA Rahul Sureka

Latest Articles


Complete Guide for Taxation of Bogus or Hawala Purchase from suspicious dealer

Income Tax : Maharashtra Sales Tax Department has published ‘List of Suspicious Dealers, who have issued false bills, without delivery of goo...

August 13, 2020 28854 Views 0 comment Print

Tax @ 82.50% even if you received amount via proper banking channels

Income Tax : Yes, in certain case even if assessee received money through proper banking channels still it may attract tax @ 82.50% if assessee...

August 4, 2020 17287 Views 9 comments Print

Investment in Penny Stock- Bogus or Cash Credit U/s. 68?

Income Tax : Now-a-days Income Tax department investigates alleged trading/investment in shares and securities with collusion/connivance with a...

August 2, 2020 37743 Views 0 comment Print

All about NBFC Compliance and NBFC returns

Fema / RBI : In September 2016, RBI has issued Master Direction - Non-Banking Financial Company –Non-Systemically Important Non-Deposit takin...

March 2, 2017 55410 Views 4 comments Print

Proposed Important Amendments for Charitable Trust by Finance Bill 2017

Income Tax : While presenting budget 2017, there were several amendments proposed by Finance Minister Mr. Arun Jaitley with respect to Taxation...

February 25, 2017 17625 Views 3 comments Print


Latest Judiciary


Department cannot change its stand taken in one case in other case on identical facts: HC

Income Tax : In the case of CIT vs. Smt.Datta Mahendra Shah, Bombay High court held that once department has accepted decision of ITAT given in...

October 8, 2015 4381 Views 0 comment Print

Company with very high operating margin can be included in list of comparable after proper justification/investigation

Income Tax : In the case of Allscripts (India) Private Ltd.vs. Dy. Commissioner of Income Tax, ITAT Ahemdabad held that for the purpose of fi...

October 8, 2015 1058 Views 0 comment Print

Society not eligible for deduction U/s. 80P if its income is not from collective disposal of labor of its member: HC

Income Tax : In the case of Nileswar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs. CIT, High court of Kerla at Ernakulam has h...

October 6, 2015 6912 Views 0 comment Print

Profit from sale of shares is business income if assessee carries the activity in a systematic & organised manner: HC

Income Tax : In the case of Equity Intelligence India Pvt Ltd vs. Assistant Commissioner Of Income Tax High Court of Kerala at Ernakulam has h...

October 6, 2015 1127 Views 0 comment Print

Section 194C- Casual labourer are not sub-contractor : HC

Income Tax : In the case of Pr. CIT Vs. Shri Tulsi Ram Modi, HC of Rajasthan at Jaipur has held that labourer hired by the assessee employed a...

September 29, 2015 5336 Views 0 comment Print


Section 54- Even provisional letter of flat allotment is capital asset

July 1, 2015 3717 Views 1 comment Print

The facts in that case were that the assessee had booked a flat, and was recipient of a provisional allotment letter. The Court held importantly that even booking rights or rights to purchase the apartment or to obtain its letter was also capital asset

Assessee must prove genuineness of gift, circumstance and reason which necessitated making a gift

June 29, 2015 1438 Views 0 comment Print

In AY 1994-15, the assessee (Sarita Aggarwal) had shown credit of Rs.2,60,000/- in the capital account under the narration Gift. The Assessing Officer disbelieved the claim and made an addition of the aforesaid amount to the income as declared, holding that the assessee was unable to establish genuineness of the gift.

No disallowance of Interest if assessee has own fund more than interest free advance

June 26, 2015 2210 Views 0 comment Print

In his first fold of submission, he contended that assessee has sufficient interest free funds available which were used for the purpose of giving interest free advances, therefore, ld. Assessing Officer ought to have not disallowed any amount out of the interest expenses claimed on the borrowed funds.

Reopening u/s 147 required only “reason to believe” and not the established fact of escapement of income

June 16, 2015 1186 Views 0 comment Print

Assessing Officer has wrongly stated that Shri Prithvi Singh, father of the assessee has stated in his statement that he had no agricultural land in his name. Since, as per the Statement recorded by AO it is been observed that that Shri Prithvi Singh (father of the assessee) has stated that he has

Appeal can be filed against wrong appeal effect given by Assessing Officer

June 16, 2015 15130 Views 0 comment Print

D.R for the revenue argues that no appeal lies against Appeal Effect Order passed by Assessing officer. The appellant may apply to the Assessing Officer for rectification U/s 154 of the Income Tax Act, 1961 but no appeal be filed against appeal effect order passed by AO.

CIT(A) has to follow directions given by the Tribunal, violation of directions can be treated as contempt of Court

June 16, 2015 1357 Views 0 comment Print

The orders passed by the Tribunal are binding on all the revenue authorities functioning under the jurisdiction of the Tribunal. The principles of judicial discipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities.

Repayment of interest on loan by conversion does not amount to actual payment u/s 43B

June 16, 2015 2005 Views 0 comment Print

That debentures are securities within the meaning of the expression understood in Section 2 (ac) and (h) of the Securities Contract Regulation Act, 1956 and freely tradable. The moment the debentures were issued to ICICI, the latter could realize the money value thereof.

Penalty u/s 271(1)(C) can’t be levied in succeeding year if on similar/ identical disallowance, no penalty was levied in preceding year

June 12, 2015 1849 Views 0 comment Print

In the case of Asst Commissioner of Income Tax vs. Dhariwal Industries Ltd, Hon’ble ITAT has held that once issue on which penalty u/s 271 (1)(C)levied involves substantial question of law, then, no penalty is leviable.

Do we have any tangible benefit of incorporating LLP, other than some cost saving and reduction of compliance?

June 10, 2015 1103 Views 0 comment Print

Answer is yes, we do have. After introduction of Alternate Minimum Tax (hereinafter referred as the ‘AMT’) by Finance Act 2012 on ‘Limited Liabilities Partnership’ (hereinafter referred as the ‘LLP’) also many professional/corporate/promoters has dispensed with an idea for formation of LLP, as after amendment no tangible benefit could be visualize, other than some cost […]

Whether levy of interest U/s. 234A, 234B and 234C of Income Tax Act, 1961 is mandatory

June 4, 2015 7245 Views 0 comment Print

Whether the levy of interest under section 234A, 234B and 234C of the Income Tax Act, 1961, (the “Act”) is mandatory and whether or not Assessing officer should give a specific direction in his order to levy of such interest. There are some important case law laid down by Supreme court of India on issue […]

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