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Mere comment that there was a fake gift racket do not make gift not-genuine

July 24, 2012 879 Views 0 comment Print

It is not a case where the Assessing Officer has brought any material on record to indicate that the revenue was aware of the non-genuineness of the gift received by the assessee. Except vague observations that there was a fake gift racket nothing specific has been pointed out in the case of the assessee. In fact action of the Assessing Officer on the ground that assessee has concealed income is contradictory in terms for the simple reason that the Investigation Wing appears to have passed on the information, in the year 2002, to the Assessing Officer that a sum of Rs. 5 lakhs was taken by assessee in the form of a gift from ‘B’, the record indicates a gift of Rs. 1 lakh only.

Online Income Tax Return with & Without Digital Signature

July 24, 2012 17093 Views 0 comment Print

e-filing is compulsory for the A.Y. 2012-13 onwards, for an individual or a Hindu Undivided Family if the total income exceeded Rs. 10 lakh. However, digital signature is not mandatory. Taxpayers, can also transmit the data in the return electronically, and thereafter submit verification of the return in Form ITR-V. Filing of Income Tax returns electronically under Digital Signature is mandatory for all company required to furnish the return in Form ITR-6 or for a firm, an individual or HUF, whose accounts are required to be audited.

Order passed without fair hearing is violative of natural justice

July 24, 2012 5678 Views 0 comment Print

In the first round of the proceedings under Section 179 of the said Act, the Commissioner of Income Tax by order dated 5th November, 2007 set aside the order dated 25th January, 2007 of the Income Tax Officer. However whist setting aside the order, the Commissioner of Income Tax directed the Income Tax officer that before any order under Section 179 of the said Act is passed against the petitioner, the Assessing Officer must give a specific finding to the effect that efforts made to recover the tax dues from the said company had failed and that the petitioner should be heard before any order is passed under Section 179 of the Income Tax Act.

Wake Me When ‘September’ Ends

July 24, 2012 989 Views 0 comment Print

If you happen to see few people roaming regularly on streets at 3 or 4 in the morning in the months of September dressed in formals don’t think it’s a new dress code of dacoits to fool you. Those might be poor CA students returning home after a tough day (read night as well) at work. Yes this malnourished breed is known officially as Article assistants. They can be easily identified specially during the months of September; you can identify them with the ‘I-dont-care look’ they wear always during the year. That’s coz they have already many things to bother about.

Frequency of Filing of Service Tax Return

July 23, 2012 4746 Views 0 comment Print

1. A common simplified registration format for Central Excise and Service Tax is being placed for public comments, together with further liberalization in registration requirements, particularly centralized registrations. The proposed changes are attached as Annexure C. 2. Likewise a new simplified one page common return with Central Excise: to be called Excise & Service Tax Return (EST for short) is being introduced. The format of the return is given as Annexure D. It is also being proposed that the cycles for the payment service tax and filing of return should coincide.

S. 54F – Deduction on investment made after due date but before Return Filing ?

July 23, 2012 6939 Views 0 comment Print

In the instant case, it is found that the eligible new asset was not purchased within one year before the date on which the transfer of the original asset took place. Thus, the amount which is not utilized by the assessee for the purchase of new asset before the date of furnishing the return of income under section 139 was required to be deposited as per the provisions of sub-section (4) for availing deduction under section 54F in respect of those amounts also. In other words, as per the plain language employed in the above sub-section (4), only the amount which was actually utilized by the assessee for the purpose of purchase of the new residential house before the date of furnishing of the return of income under section 139 shall only be eligible for computation of deduction under section 54F(1).

S. 54F – Property jointly owned not to be added in calculating Houses owned by Assessee

July 23, 2012 4264 Views 0 comment Print

. Given the fact that the assessee had not owned the property in her name only to the exclusion of anybody else including the husband, but in joint name with her husband, we agree with the submission of the learned senior counsel appearing for the assessee herein that unless and until there are materials to show that the assessee is the exclusive owner of the residential property, the harshness of the proviso cannot be applied to the facts herein. Apart from that, 50% ownership is with reference to the clinic situated in the ground floor. As such, the entire property is not an exclusive residential property. Hence, we are inclined to agree with the assessee’s contention that the joint ownership of the property would not stand in the way of claiming exemption under Section 54F.

EPF member can now Generate Member / Employee Passbook online

July 23, 2012 11674 Views 11 comments Print

A facility of E-Passbook to EPF Members has been devised by the IS Division, Head Office through Member Portal on EPFO website. The EPF Members can directly approach the EPFO website and after entering certain necessary details, they can get themselves registered. The registered EPF Members can obtain E-Passbook after entering Establishment Code/Extn. (if any) / Employee Number and Name as per PF slip.

Addition u/s. 68 cannot be deleted for mere payment if not supported by creditor’s confirmation

July 23, 2012 1963 Views 0 comment Print

Coming to the facts of the case, the assessee was afforded sufficient opportunities to furnish confirmations in respect of the impugned credits by the Assessing Officer (refer page 2 of the assessment order). A final show-cause notice was issued by him on 22/03/2006, stating the said fact, and by way of allowing a last opportunity to the assessee to substantiate its case, for 24/03/2006, and which (notice) again remained un-responded, even up to the date of passing of the assessment order, i.e., 29/03/2006 (refer page 3 of the assessment order).

Change In Filling Form 23B- An Overview

July 22, 2012 27008 Views 0 comment Print

Every statutory auditor appointed by the company in the Annual General Meeting under section 224(1) of the Companies Act, 1956 in form 23B has to intimate whether he has accepted the appointment or not to the concerned Registrar of Companies, within 30 days of the intimation received from the company by the auditor. Till date the form is uploaded free of cost and in lots of cases the auditors does not bother to file the form and intimate the concern ROC even it is free of cost procedure. While filling of Form 23AC where there is space for SRN of Form 23B, they used the SRN Z99999999 or any other SRN that does not exist.

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