Income Tax

Free Indian Case Law Search Engine www.indiankanoon.org

Posted By: Ashish Ahuja on Jan 04, 2012 in Income Tax, Software

Free Indian Case Law Search Engine – www.indiankanoon.org

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Reassessment u/s 147 cannot be initiated if Assessing Officer misinterpreted legal provisions in original assessment

Posted By: Ashish Ahuja on Jan 02, 2012 in Income Tax

legal misinterpretation by Assessing Officer in framing original assessment cannot be the basis of initiation of Assessment Proceeding u/s 147

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Reassessment u/s 147: No addition can be made on other grounds when the reasons for which reassessment undertaken cease to survive

Posted By: Ashish Ahuja on Jan 02, 2012 in Income Tax

no addition can be made on other grounds, if the Assessing Officer doesn’t make any addition on the primary ground on the basis of which proceeding u/s 147 were initiated.

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e-Filed ITR cannot be invalidated if ITR-V not received due to no fault of the assessee

Posted By: Ashish Ahuja on Dec 23, 2011 in Income Tax

where ITR-V for e-return was not received by the CPC, Banglore inspite of the same being posted by ordinary post on various dates, then the return cannot be treated as invalid

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Non-Deduction of TDS due to bonafide wrong interpretation of Law is reasonable cause u/s 273B for Non Levy of Penalty u/s 271C

Posted By: Ashish Ahuja on Dec 09, 2011 in Income Tax

Non-Deduction of TDS due to bonafide wrong interpretation of Law is reasonable cause u/s 273B for Non Levy of Penalty u/s 271C

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Trade Advances are not Loans or Advances for deemed dividend u/s 2(22)(e)

Posted By: Ashish Ahuja on Dec 06, 2011 in Income Tax

The Honorable Delhi High court in its recent judgement held that ‘Trade Advances’ between a company and it’s shareholder (as covered under the definition of section 2(22)(e)) is not in the nature of “Loans & Advances” and is therefore not liable to be treated as dividend u/s 2(22)(e). The crux of the judgement is that …

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Onus of Proof on Income Tax Department of additional compenastion received in case of Sale below Market Price

Posted By: Ashish Ahuja on Dec 01, 2011 in Income Tax

The onus of proof that income has been concealed in case of sale of property below market price is on the Income Tax Department. The mere fact that the property has been sold at discount / below market price is in itself not sufficient to prove concealment of income unless supported with evidence that consideration received has not been declared.

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Consequences of Filing Income Tax Return After Due Date

Posted By: Kripal on Nov 30, 2011 in Income Tax

The due date for filing income tax return for  corporate assessees and other assessees who are  required to get their accounts audited under Income Tax Act 1961 or under any other law for the time being in force is 30thSeptember and for others it is 31st July every year as have been prescribed u/s 139(1). For a layman sometimes it may create doubt …

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PPF Annual Investment Limit raised to Rs. 1,00,000 from Rs. 70,000

Posted By: Ashish Ahuja on Nov 28, 2011 in Income Tax

The Finance Ministry vide its latest rules have notified an increased limit for Public Provident Fund or PPF Accounts as they are generally known from Rs. 70,000 p.a. to Rs. 1,00,000 p.a. It has also increase the rate of interest on PPF, which is tax exempt, from 8% to 8.6% p.a. This step will increase …

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Avail loan against PPF after the expiry of one year from the end of the year in which the initial subscription was made

Posted By: Kripal on Nov 28, 2011 in Income Tax

How Much You can get? You can take a loan from the third year of opening your account to the sixth year.Also, the loan amount will be upto a maximum of 25% of the balance in your account at the end of the first financial year (if you opt for the loan in the third year).If you opt for a loan in the fourth year, the second year’s balance will be taken …

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