A bare perusal of nature of services, prima facie, reveals that the said services were of general in nature which is usually provided by the landlord to the tenant. Therefore, amenity charges, in our opinion, being part and parcel of same transaction, were asses sable as Income from House Property.
Failure to issue notice on any particular issue does not vitiate the exercise of power under Section 263 as long as the assessee is heard and given opportunity
In the instant case, the tax has not deducted the TDS due to wrong classification of the payments made which was included under the heading ‘purchases’ and the purchases do not attract the TDS, whereas the sub contract payments attract TDS.
Dis allowance on account of VAT not pad of Rs.1,78,334/- was made by the AO only because of erroneous auditor’s report and it has been brought to our notice how the error has occurred and we find that assessee’s contentions are backed by records, therefore, we being the final fact finding authority, find that it was the mistake of the auditor who has wrongly given the figures and made wrong observation because of which the AO made the dis allowance. However, the AO before making the dis allowance could have asked the assessee to explain before making the dis allowance.
In the circumstances, a direction is issued to the Tribunal to dispose of the appeal in an expeditious manner i.e., on or before 31/01/2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeal by the Appellate Tribunal, both parties are directed to co-operate with the Tribunal.
D K Bose Vs. PIO (Central Information Commission) CIC held that In fact, being a public body concerned with public activity like football, the Delhi Soccer Association (DSA) should have voluntarily disclosed entire information about it, including the bits and pieces asked by the appellant in this and several other appeals, and fulfill its obligation […]
The Judicial Functioning Of The Supreme Court Of India Is Separate/ Independent From Its Administrative Functioning. The Dissemination Of Information Under The SCR Is A Part Of Judicial Function, Exercise Of Which Cannot Be Taken Away By Any Statute. The SCR Would Be Applicable With Regard To The Judicial Functioning Of The Supreme Court; Whereas For The Administrative Functioning Of The Supreme Court, The RTI Act Would Be Applicable.
The Madras High Court has quashed the Income Tax Assessment Orders passed against P. Chidambaram, Senior Advocate & Former Union Finance Minister, his wife Nalini Chidambaram, Senior Advocate, and his son Karthi Chidambaram. The High Court quashed the order terming it as illegal, arbitrary, and issued without following principles of natural justice.
Assessing Officer that the actual investment made in the new residential house is Rs. 20 lakh, but, he has also filed a revised computation of income on 20th November 2012, offering taxable long term capital gain at a higher figure of Rs. 24,98,488. It is also a fact on record that the Assessing Officer has accepted the income shown in the revised computation of income. Therefore, considering the peculiar facts of the present case, we are of the view that the explanation of the assessee to the effect that investment shown in new house at Rs. 25 lakh was due to a bonafide mistake is acceptable.
The Kolkata ITAT recently held that the circulars issued by the Central Board of Direct Taxes (CBDT) is binding on the department and it cannot take a plea that such a circular is not valid or is against the provisions of law.
