On a representation made by the Gujarat Chamber of Commerce, the matter has been reconsidered by the Board in consultation with the Ministry of Law. Under section 271(1)(i) the penalty is to be 2 per cent of the tax, if any, payable by the assessee
On a representation made by the Gujarat Chamber of Commerce, the matter has been reconsidered by the Board in consultation with the Ministry of Law. Under s. 271(l)(a) of the IT Act, 1961, the penalty is to be 2 per cent of the tax, if any, payable by the assessee.
The decision of the Supreme Court was that where the sale was of the concern as a whole and a slump price was paid, no portion of this price was attributable to the stock-in-trade and, therefore, it was not possible to hold that there was a profit other than what resulted from the appreciation of capital. It follows, therefore, that where a business is sold as a going concern, the excess may not be a business profit, but will be capital gain chargeable to tax
In Board Circular No. 55 of 1941, it was stated that interest charged to a partner on his overdrawn account should not be included in the total income of the firm. It was further stated that where it appears that the capital borrowed for the purpose of business was partly diverted towards over-drawn account, the correct procedure would be to disallow the proportionate share of the interest payable on this capital in computing the income of the firm.
The decision of the Supreme Court was that where the sale was of the concern as a whole and a lump price was paid, no portion of this price was attributable to the stock-in-trade and therefore it was not possible to hold that there was a profit other than what resulted from the appreciation of capital.
Circular No. 3-P – Income Tax Amongst the various amendments to the Income-tax Act, those which are designed primarily, to simplify and rationalise the tax structure, and the corresponding provisions in the Finance Act, 1965 which lay down a new simplified rate structure of income-tax, may be broadly classified under the following heads
Numerous instances have come to the notice of the Board where assessee’s claim for depreciation duly shown in the return was not considered by the Income-tax Officer because books of account produced were not properly maintained and it was necessary to estimate profits by invoking the proviso to section 13 of the 1922 Act.
Circular No.1(15) – Income Tax The basic rates of income-tax and super tax for the assessment year 1963-64 continue to be exactly the same as for the assessment year 1962-63. So far as Union surcharge and the special surcharge on unearned income are concerned, the rates are the same as in the last year, subject to the following changes
Circular No.22D – Income Tax Officers will note that in the rate schedule applicable to individuals, Hindu undivided families, etc., the slab of Rs. 15,001 – Rs. 20,000 has been substituted by two slabs, namely, Rs. 15,000 – Rs. 17,500 and Rs. 17,501 – Rs. 20,000. Secondly, for all the slabs above Rs. 5,000 the rates have been slightly increased as compared to the rates prescribed in the Finance Act, 1961. Thirdly
