Tax can be recovered only when it becomes debt due from assessee and it becomes a debt due when notice of demand is served – tax recovery officer cannot file claim against property attached by court : SC
Court noted that basic requirement of Sec.53A of TPA is a written agreement and Sec.2(47)(v) can be invoked only if conditions laid out in Sec.53A are fulfilled. In the instant case there was neither any written agreement between the Assessee and builder nor any consideration received by her thus 53A of TPA can’t come into play as a result of which 2(47)(v) can’t be invoked. Thus it held that there was no transfer in the instant case within the meaning of Sec.2(47)(v) of the Act and since there is no transfer, question of resulting profit and capital gain doesn’t arise.
TAXING a non-resident has always been challenging, and wherever possible the law has provided adequate safeguard for the Revenue. That is how Sec 163 came into being. The issue here is: If a non-resident is assessed independently, can its agent in India be also assessed as Representative Assessee for the same income u/s 163?
Sec.263 is the revisionary power of Commissioner which is to be invoked where the order of A.O. is erroneous and prejudicial to the interest of revenue but all errors and loss of revenue don’t allow for invocation of Sec.263 but in circumstances as discussed above. In case there are two views on an issue and A.O. takes one of the views leading to loss of revenue, it will not lead to an erroneous decision calling for invocation of Sec.263. The circumstances as laid out in the Malabar case is an important pointer and basis for action u/s 263.
By adopting practice of early and timely work disposal and for that purpose adopting some time saving practices, one can find lot of extra time for reading, writing, thinking and relaxation. Pending work causes lot of burden on your mind and heart- it is not good for health and wealth both. Reminders from clients should not be considered as indication of your importance but in nature of complaints. Still if you have an urge to feel reminders as praise, once a while you can delay some work, preferably a petty one and not very important to you, you will receive a reminder from client and that proves that even a petty work for you is important to the client.
The Madras High Court clarifies that P&L accounts and balance sheets are not considered books of account under the Income Tax Act, impacting tax compliance.
Commissioner of Income-tax v. K. Chinnathamban – Section 69A of the Income-tax Act, 1961 – Unexplained money – Firm ‘V’, allegedly floated for carrying on business of prize tickets and for collecting deposits from public, was managed by one ‘K’ – During search certain amount was seized – Assessing Officer on basis of statements given by ‘K’ concluded that firm was not genuine and observing that ‘K’ was not in position to explain source of deposit of seized amount, treated said amount as undisclosed income of persons (assessees) in whose name deposit appeared in various banks –
The Companies Act, 1956 requires every company registered under the Act to file various returns and forms with the Registrar of Companies (RoC), from time to time.Irrespective of the size and type of a company — private or public, listed or unlisted, profit- or loss-making — it has to file a minimum of two returns every year with the RoC — annual accounts and annual return.
The assessee’s contention that above income is to be assessed under the head other sources as he is not owner of the premises, is well taken and is required to be accepted. There is no question of estimating annual letting value of the property. It is to be assessed as per agreement between the parties under the head other sources. The Revenue authorities were not justified in assessing rental income under the head house property. On facts of the case, we direct the AO to take assessee’s rental income under the head other sources. The assessee would also be entitled to consequential relieves under the law. This ground of appeal of the assessee is accepted.
Chartered Accountants, as a tribe, are workaholics. Whether one is in practice; or in employment. It is not unusual to see a Chartered Accountant put in twelve hours of work everyday. Six days in a week.Fifty two weeks in a year. Perhaps some of them put in even more.While many are effective, some are not. Being busy does not necessarily mean being effective. Some put in fewer hours and are effective. Others may put in long hours and are far from being effective. With today’s frenetic pace, it makes good sense to utilize a rare commodity – time – effectively.
