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S.133A – ITO has no power to examine any person on oath

September 25, 2012 3836 Views 0 comment Print

In contradistinction to the power under section 133A, section 132(4) of the Income-tax Act enables the authorised officer to examine a person on oath and any statement made by such person during such examination can also be used in evidence under the Income-tax Act.

Addition to Income on the basis of mere presumption, not sustainable

September 25, 2012 4034 Views 0 comment Print

In this view of the situation and after hearing both the parties, respectfully following the aforementioned order we decline to interference in the disallowance uphold by Ld. CIT(A) as the facts are not stated to be different. Accordingly this ground of the assessee for all the years is dismissed.

If income does not result at all, there cannot be a tax

September 25, 2012 1897 Views 0 comment Print

The submissions made on behalf of the assessee on this issue did not find favour with the learned CIT(Appeals). As regards the emphasis laid by the assessee on the order of Company Law Board, he held that the consent terms in the case of the assessee were agreed by the family as a part of the family settlement and the Company Law Board had simply observed in its order that the parties were prepared to abide by the said settlement. According to the learned CIT(Appeals), the purchase of shares was a result of mutual settlement amongst the family members and the expenditure incurred for this purpose was of personal nature.

Delhi HC stays Service tax on Legal Services under RCM

September 25, 2012 7298 Views 0 comment Print

Service tax on Legal Services provided by advocate (whether individual or firm) to any business entity has been imposed vide the Finance Act, 2012 under reverse charge mechanism wherein service recipient is liable to deposit service tax on fees paid to advocates.

R&D expenditure which is approved by DSIR only would be eligible for weighted deduction

September 25, 2012 6586 Views 0 comment Print

As per the provisions of sec 35(2AB) of Act as applicable to the relevant Assessment year, the expenditure incurred by the assessee in any approved in-house research facility, to the extent of approved by the prescribed authority, is entitled to weighted deduction of 150% of such approved expenditure. Therefore, the expenditure as approved by the DSIR in the certificate given by them in Form 3CL alone is to be granted weighted deduction.

5 Reasons why Income Tax Return Filing Due Date must be extended

September 24, 2012 21602 Views 0 comment Print

Due Date for Filing Income tax Return for corporate assessees and those who come under compulsory audit under income tax Act or under any other Act is 30th September 2012. Question which comes to every CA professionals mind is whether due for filing income tax return for this year will get extended or not? Now the question is why the government should extend the date? We have found 5 Such reasons why we fell government should extend the due for filing of Income tax Return.

Commission to partner not authorised by partnership deed is not deductible

September 24, 2012 11782 Views 0 comment Print

A partner is not entitled to receive remuneration for taking part in the conduct of the business under section 13 of the Partnership Act. This rule is subject to the contract to the contrary. In other words, if there is a contract between partners to receive remuneration for taking part in the conduct of the business, this rule is not applicable. Section 40(b) recognizes this rule. It provides for making payment to a partner subject to the condition mentioned therein being fulfilled. The said conditions are:-

Net wealth not to include forfeited assets despite pendency of appeal on valuation date

September 24, 2012 1649 Views 0 comment Print

The Appellate Tribunal was right in law and facts in holding that the value of silver bars which stood confiscated under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 could not be added to the wealth of the assessee despite the fact that the confiscation order was subsequently set aside in appeal and the appeal was pending on the date of valuation.

Section 54F deduction if construction not completed but amount invested?

September 24, 2012 3128 Views 0 comment Print

The words mentioned in section 54F are that the amount should be invested in the construction of a residential house. Therefore, once the assessee having been invested total sale consideration into construction of a residential house, then it is not necessary that the residential house should have been completed within three years of the transfer of the original asset.

Unsolicited Phone calls – How to Register a Complaint?

September 23, 2012 3582 Views 0 comment Print

1.      If you receive any unsolicited commercial communications seven days after registration of your telephone number in the National Customer Preference Register (NCPR), you may register a complaint by: A. Dialling the toll free number 1909; or B. Sending an SMS to 1909 2.       It is important to note that: The complaint has to be registered […]

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