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Judiciary

AR cannot sign additional ground on behalf of assessee

September 30, 2015 10899 Views 0 comment Print

M. Natarjan Vs. DCIT (ITAT, Chennai) Addition on behalf of undisclosed income of various amounts has been made against the assessee. Before ITAT assessee raised additional ground that addition was made before approval of concerned authorities prescribed u/s 158BG and hence invalid.

ITAT remanded matter on question of rejection of books of account u/s 145 (3) if proper explanation or details were filed before AO

September 30, 2015 1535 Views 0 comment Print

ACIT vs. Rahul Pancholi (ITAT Jaipur) AO find decline in gross profit rate in current year in comparison to previous year. On examination of books of account AO found discrepancies in accounts. He made additions after rejecting books of account u/s 145 (3).

Sec. 271(1)(c) No Penalty for addition U/s. 50C if Assessee furnishes all details

September 29, 2015 4705 Views 0 comment Print

In the case of Bhavya Anant Udeshi Vs ITO (International Taxation) it was held by ITAT Hyderabad that provision of section 50C being a deeming provision, it cannot be used for the purpose of imposition of penalty under section 271(1)(c) unless it is proved that Assessee has received any amount over

TDS Provision is applicable only when payment is made in ‘monetary terms’

September 29, 2015 2732 Views 0 comment Print

In CIT vs. Bruhat Bangalore Mahanagar Palike, the Karnataka High Court on the issue of applicability of TDS provision held that section 194LA only applies to compulsory acquisition of land and not on voluntary acquisition.

Guajrat HC also Directs CBDT to extend due date to 31st October 2015

September 29, 2015 47465 Views 0 comment Print

After Punjab & Haryana High Court the Gujarat High Court also directs CBDT to extend the due date for Filing of ITR to October 31st in its Judgement today.

Incomes chargeable to tax U/s. 172 cannot be subject to TDS under chapter XVII-B

September 29, 2015 10429 Views 0 comment Print

The Hon’ble Bombay HC in the case of CIT vs. Dempo and Co. P. Ltd that when the non- resident payee is assessable under special provisions contained in Sec 172 , then the payer cannot be made responsible for deducting tax at source on the payments made to non-resident.

Section 194C- Casual labourer are not sub-contractor : HC

September 29, 2015 5684 Views 0 comment Print

In the case of Pr. CIT Vs. Shri Tulsi Ram Modi, HC of Rajasthan at Jaipur has held that labourer hired by the assessee employed as casual labourers could not be considered to be sub- contractor and therefore provisions of Section 194C and Section 40(a)(ia) of the Act were not applicable.

Rectification order u/s 154 cannot be made on debatable issue: HC

September 29, 2015 3715 Views 0 comment Print

In the case of KKJ Foundations vs. ADIT it was held by High court of Kerala that It is a settled proposition of law that rectification is a process by which a mistake is set at right. It thus means correcting an error which was apparent from record

P&H HC judgment directing CBDT to extend ITR due date to 31.10.2015

September 29, 2015 22454 Views 0 comment Print

Vishal Garg Vs. UOI In the instant petition petitioners sought relief by way of writ under article 227 of the constitution of India and prayed before court that due date of filing ITR should be extended upto 31.10.2015.

Karnataka HC directs CBDT to Consider representation on Tax Audit/ ITR Due Date Extension

September 28, 2015 18744 Views 0 comment Print

In these writ petitions, the writ petitioners are asking for some extension of time for submission of income tax returns in respect of certain categories of assesses, including the companies, firms and individuals

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