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The Tribunal observed that the loss incurred by the assessee is on account of the loan advances to BFL from which the assessee company had earned interest. It was the surplus fund of the assessee which was utilized for advancing loan with the intention of earning interest, but assessee is not a money lender. It is common in the commercial practice that if surplus money is available then the business invests the same for earning interest instead of keeping it idle. The said investment would be capital in nature as surplus funds are invested with a view to earn interest. The assessee is also not a dealer in securities and investments. ‘ A So the loss sustained by the assessee in respect of the loan advanced to BFL is in the nature of capital loss and is not allowable u/s.28 of the Act also.
Shares bought for Rs 5.25 Cr sold for Rs 52.5 lakh in same yr – capital loss allowed by AO – CIT can review order only if it is erroneous and prejudicial to interest of revenue; both ingredients should be present – ITAT
Has your income-tax return been picked up for scrutiny by the income-tax department? You may not get to know the reason. The department is against bringing scrutiny under the purview of the Right To Information (RTI) Act. This means an assessee will not have the right under the RTI Act to ascertain as why his case was selected for scrutiny by the department.
The CBDT has given norms for current fiscal for selection of cases meant for scrutiny. For corporates: All banks and public Sector undertakings are liable for scrutiny. Also, all NSE-500 companies and BSE-A group companies listed in Bombay Stock Exchange as on March 31, 2007, are covered. Companies in Delhi , Mumbai, Chennai, Kolkata, Pune, Hyderabad , Bangalore and Ahmedabad paying book profit tax under Section 115 JB on the book profit of Rs 50 lakh and above are liable for scrutiny. In the case of companies in other places the monetary limit for book profit is Rs 25 lakh.
the Court direct the department to accept the return Forms which are submitted by the taxpayers, subject to a genuine difficulty. After acceptance of those return Forms, on scrutiny if it is found by the concerned officer that there is no genuine difficulty on the part of the taxpayer in giving the details required in various columns, those Forms may finally be treated as not filed as required, and they will be subject to final decision taken by the concerned officer. However, it is also made clear that if under the rules no Annexures are required to be attached then no Annexures shall be attached to the return Form.
NEW SCRUTINY NORMS FOR FINANCIAL YEAR 2007-08 – Board hereby lays down the following procedure for selection of returns / cases of *Non-Corporate Assessees* for scrutiny during the current financial year i.e. 2007-08.2. The following categories of cases shall be compulsorily scrutinized; –
