Recent Posts

Recent Posts

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Discussion / Non-Judicial advertisement-
« Last post by brettlee on January 22, 2015, 04:12:41 pm »
Recently I have seen an advertisement in the news paper regarding empanelment of advocates before the High Court of Delhi. In which it has been stated that appointment would govern by Instruction number 3 of 2012 CBDT issued on 11.04.2012. However it has been provided in the advertisement that advocates who have resigned or removed by the department earlier cannot apply. This improvisation has been made without having any mandate under the instruction number 3 of 2012. In clear words nothing like this has been provided in this instruction. So in my view vigilance enquiry should be initiated against the person who has imported this restriction in the advertisement since there is no such mention in the instruction. Therefore, the advertisement is not a judicial one and in my view strict action under the vigilance provisions may be invoked against the person to dig out the truth behind this improvisation, which only God knows
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Discussion / s.263. Revision on basis of same material
« Last post by rajul5234 on January 11, 2015, 09:04:50 am »
Shreemukt jewellers. Tax appeal 661/2007. Dt. 12/12/14.

Gujarat high court held,  Revision on basis of same material on record already appriciated by A.O. not permissible.

R K Patel
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Discussion / s.115JB- read with explanation
« Last post by rajul5234 on January 08, 2015, 01:47:02 pm »
GUJ H. C.  samay electronics.  TA 599/2006.  Dt. 11/12/14.

Interpretation of s.115Jb  read with explanations

R K Patel
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Discussion / Reopening- Reappraisal of cash credit issue
« Last post by rajul5234 on January 08, 2015, 01:45:16 pm »
Guj . H C > tax appeal1771 /05. Dt. 10/12/14.

Held, Reappraisal of cash credit issue by successor A.O. on same material beyond 4 yars by resorting to reopening not permissible.

R K Patel
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Discussion / s.4(1)(a). Gift tax act
« Last post by rajul5234 on January 08, 2015, 01:42:47 pm »
Guj. H C . tax appeal 372 /2002  dt. 24/12/14

Interpretation of s.4(1)(a) of G.T.Act read with R.10(2)


R K Patel
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Discussion / Mercantile system, no bill raised, work completed.-Taxability
« Last post by rajul5234 on January 07, 2015, 12:31:07 pm »
Guj. H C . Tax apeal 1798/ 06. Dt. 22.12.14. Amarshiv construction.

No bill raised by sub-contractor, though work completed. Right to receive does not arise . No accrual of income as assessee also in turn did not forward any bill to Government from whom contract was obtained.

R K Patel
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Discussion / Method of accounting- Accrual of income- Accounting standards.
« Last post by rajul5234 on January 07, 2015, 12:25:19 pm »
Winners Business Link.  Tax appeal 1159 / 2006. Dt. 18/12/14. Gujarat H C.
Even in mercantile system actual receipt of membership fees is not taxable in first year if for services to be rendered for segment of years.

AS I and matching principles to be followed to arrive at real income for taxation.

R K Patel.


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Discussion / S.43B- Deferrment of liability by notification
« Last post by rajul5234 on January 07, 2015, 12:21:28 pm »
Shyamprasad spinning mills. Guj. H C . Dt. 24/12/14.  TA 1184/2007.

S. 43 B fails for disallowance if deferrment of statutory liability is supported by notification of government.

R K Patel
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Discussion / Registration annuled- Taxability of rent
« Last post by rajul5234 on January 07, 2015, 12:18:14 pm »
Guj. H C . TA 221/2003. Dt. 22/12/14. Shreeland corporation

If no business, registration annuled, income from rent of property in firm name to be assessed as co-owners individual hands and not as income from property in firm's hands.

R K Patel
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Discussion / Depriciation-Chapter VI-A
« Last post by rajul5234 on January 07, 2015, 12:15:20 pm »
TA 41/ 2007. Dt. 23/12/14. Sukun Polymers. Guj. H C.

Depriciation cannot be foisted upon assessee even for relief under Chapter VI-A for period prior to 1/4/2002.
Mahendra Mills (S.C.) applied while dissenting  from Plastiblends (Bom)(FB)

R K Patel
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