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Substantial expansion possible only on existing units-Assessee eligible for 25% Deduction U/s. 80IC not 100%

September 8, 2015 1587 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Shree Dhanwantri Herbals vs. The ITO that the careful reading of the form 10CCB, in a serial order would clearly show that the assessee is required to inform the location of the Industry and column (c) specifically ask the assessee to state whether business is a new business

Mere voluntary disclosure after survey proceedings cannot tantamount to bonafide action

September 7, 2015 1964 Views 0 comment Print

ITAT Jaipur held In the case of Nirmal Kumar Bardia vs. DCIT that argument of the assessee that the assessee had disclosed salary received from RMC Gems Thai Co. Ltd., Bangkok voluntarily has not substantiated with any evidence.

Statement u/s 132(4) being rebuttable presumption, can be retracted later on valid evidences

September 7, 2015 3559 Views 0 comment Print

ITAT Jaipur held In the case of ACIT vs. Shri Johari Lal Sodhani that the CIT (A) had given various reasons of retraction and also has considered the evidence for not honouring the statement made under section 132(4).

sec 263 can be invoked If assessment has been done without examinations/inquiry

September 6, 2015 979 Views 0 comment Print

ITAT Delhi held in Ambience Hotel & Resort Pvt. Vs CIT that if the AO had done his assessment ignoring the provisions of the IT act and TPA and ignoring the examinations/inquiry then that assessment was erroneous

NO TDS on payment of Interest by co-operative society to its Members

September 6, 2015 2744 Views 0 comment Print

ITAT held in Almora Urban Co-operative Bank Ltd Vs ITO that TDS was not required to be deducted when co-operative society pays interest to its members as per sec 194A(3).

Hundi discounting charges to carry on business is revenue expenses

September 6, 2015 5495 Views 0 comment Print

Delhi High Court held in CIT Vs DLF Universal Ltd held that If assessee got hundi from its suppliers and get it discounted from the bank ,then the discounting charges paid by the assessee would be treated as a revenue expense;

Penalty u/s 271D & 271E for raising & repayment of loans in cash cannot be imposed if sufficient reasonable cause exist

September 6, 2015 2927 Views 0 comment Print

ITAT held in Envogue Wood Working Pvt Ltd Vs ACIT that if the assessee had taken and repaid the loan in cash and provided the sufficient reasonable cause of doing such then penalty u/s 271D & 271E would not be imposed.

Order u/s 250 cannot be passed ex-parte without giving reasonable opportunity of being heard to assessee

September 6, 2015 7624 Views 0 comment Print

ITAT Delhi held in Executive solutions Pvt Ltd Vs ITO that reasonable opportunity of being heard should be given to the assessee as per the principle of natural justice irrespective of the fact the number of times opportunity of being heard had already been given to the assessee.

‘Such income’ in Section 11(1)(a) stands for ‘Gross Income’ not ‘Net Income’

September 6, 2015 29992 Views 0 comment Print

Public Education Society Vs DDIT (Exemptions) (Bangalore ITAT) Since the expenditure incurred by the assessee was more than 93% of the gross receipts, no part of the gross receipts are liable to be taxed in the year under consideration, as the balance amount was set apart for application in the next year.

Credit of AED (Textile & Textile Articles) should be utilised for payment of AED (Textiles & Textiles Articles)-HC

September 6, 2015 3165 Views 0 comment Print

Raymond Limited V/s. CCEC (Bombay High Court) The Hon’ble Court is of the opinion that there is no substance in the argument that between 1st March, 2002 to 9th September, 2004 the credit of AED(T&TA) can be used for payment of any of the specified duty referred to in Sub­Rule (1) of Rule 3.

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