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CA Nayan Gupta

Latest Judiciary


Interest on Bank FDRs to maintain the Minimum Interest Reserve Account is taxable as Business-Income

Income Tax : In regard to claim of expenditure on Registrar of Companies’ fee for increase in authorized share capital, the HC held that the ...

July 12, 2015 1100 Views 0 comment Print

Commencement of business simply means taking first step in performing overall income producing activity

Income Tax : The ITAT noted that there are three stages in operational business:- (i) setting up; (ii) post setting up but before commencement ...

July 12, 2015 4971 Views 0 comment Print

New evidences obtained can be used only after proper opportunity of being heard is given to assessee

Income Tax : CIT (Appeals) did not offer any opportunity to the assessee to make submissions with respect to the materials obtained from the su...

July 12, 2015 682 Views 0 comment Print

Excess stock found during search cannot be the sole reason for rejection of books of accounts

Income Tax : The expenses claimed for transportation could not have been a valid ground for rejecting the books of account considering the fact...

July 12, 2015 1192 Views 0 comment Print

Delay in issuing notice u/s 158BD by 10 months cannot be considered contemporaneous

Income Tax : Revenue has to be vigilant in issuing notice to the third party under Section 158 BD, immediately after the completion of assessme...

July 2, 2015 510 Views 0 comment Print


Mere TDS certificate not conclusive evidennce for determining nature of payments

June 12, 2015 946 Views 0 comment Print

As can be seen from the terms of the relevant agreement between assessee and LAPPL, assessee is to receive 15% of the total contract amount as mobilization advance. Though, it may be a fact that in the TDS certificate, deductee has mentioned it as payment towards professional charges but

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