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Judiciary

No Addition U/s. 68 for RNBC/ Banks despite not proving creditworthiness of depositors if complied with KYC norms

January 17, 2014 1496 Views 0 comment Print

For any RNBC registered with RBI engaged in the business of mobilizing deposits, it is well nigh impossible to insist on the depositor to submit documents to establish creditworthiness of the prospective depositors before accepting the deposit.

Depreciation allowable on BOT Assets despite Assessee not being the owner

January 16, 2014 3528 Views 0 comment Print

We have considered the rival submissions of the parties and perused the relevant material available on record. It is undisputed fact that the department allowed the similar amortization of BOT Project expenditure in the earlier assessment year under scrutiny assessment under section 143(3) of the Act.

SC Judgment in Hill Properties case – Substance seems to have prevailed over Form

January 16, 2014 3919 Views 2 comments Print

On a close reading of the SC judgment, but in between lines, one is left with an indelible impression that the court, in deciding the issue in the Respondent’s favour, though not explicitly said so, appears to have been inclined to go by the SUBSTANCE, instead of the FORM.

S. 272B Penalty is Rs. 10000 per deductor and not per wrong PAN

January 15, 2014 7849 Views 0 comment Print

The assessing officer had imposed penalty of Rs. 10,000/- in each case where PAN Number was not provided by the deductee. There were in all 30706 cases in which the PAN Number was missing or was incorrectly stated.

Recognition U/s. 80G(5) cannot be rejected for Mere non Commencement of one of the activities mentioned in object clause

January 15, 2014 1345 Views 0 comment Print

ALLAHABAD High Court Rejects Revenue’s denial of Sec 80G(5) recognition on the ground that the assessee-trust did not commence one of the activities mentioned in object clause- The fact that the assessee was still to commence the activity of establishing a hospital for imparting medical treatment would not by itself result in the rejection of the claim for recognition.

Employees’ PF/ ESI Contribution not covered by Section 43B

January 14, 2014 22143 Views 0 comment Print

Section 43B which permits a deduction for payments made upto the due date for filing the ROI applies only to the employer’s contribution to the provident fund etc. It does not apply to the employees’ contribution.

Method of accounting can be changed if such change is bona fide and permissible under law

January 13, 2014 14420 Views 0 comment Print

Change in method of accounting was bona fide and with the compliance of the Accounting Standard – AS 9 – Revenue Recognition issued by the Institute of Chartered Accountants of India and provisions of S.5 of the Act.

Exemption u/s 54EC can be availed by a Trust even if investments are made in the name of trustees or beneficiaries

January 13, 2014 5113 Views 0 comment Print

Facts in brief as emerged from the corresponding assessment order passed u/s. 143(3), dated 1.12.2009 were that the assessee is a trust and during the year disclosed a capital gain of Rs.87,29,080/-. It was informed that the assessee had invested a sum of Rs. 1,12,00,000/- in Rural

HC stays Late Filing Fees U/s. 234E for late filing of TDS return

January 10, 2014 52212 Views 52 comments Print

The constitutional validity of Section 234E of the Income Tax Act, 1961 has been challenged in the Kerala High Court in the case of Narath Mapila LP School vs. UOI WP (C) No. 31498/2013(J). Vide an interim order dated 18.12.2013, the High Court has admitted the Petition and granted a stay of proceedings for a period of two months.

Penalty u/s 271AAA on members of AOP for income initially disclosed and declared in the hands of AOP

January 10, 2014 1469 Views 0 comment Print

Penalty levied u/s 271AAA on members of AOP is rightly deleted by tribunal in a case where income initially disclosed and declared in the hands of AOP is subsequently disclosed in the individual hands of members forming AOP. CIT Vs. VIRENDARA KUMAR GUPTA (DELHI HIGH COURT)

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