Recent Posts

Recent Posts

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1
Discussion / VDIS & stock adjustment
« Last post by rajul5234 on July 23, 2016, 10:49:59 pm »
M/S. L M Patel & sons. TA 376/2007. Dt. 13/7/16. GUJ H C

Held, There has to be an adjustment entry of valuation of closing stock in subsequent year as a consequence to accepted VDIS proceedings.

R K Patel
2
Discussion / Additions on base of statement in search
« Last post by rajul5234 on July 23, 2016, 10:45:52 pm »
Gujarat high court. TA 1437/2007. Chetnaben  J. Shah Dt. 14/7/16

Held, Mere speculation of earning of income cannot be a ground for addition based on statement in search without any support of docement or corroborative evidence.
CBDT circulars considered by court.

R K Patel
3
Discussion / s.69C & s. 80JJA
« Last post by rajul5234 on July 23, 2016, 10:41:46 pm »
TA 725 / 2006. Aman biocol. Dt. 5/7/16. GUJ. H C 

Court held that if money is withdrawn from bank and paid for purchases of raw material and production has resulted, s.69 C fails , more so if income of assessee is exempt.

R K Patel
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Discussion / s. 145 and specific additions
« Last post by rajul5234 on July 23, 2016, 10:37:37 pm »
Guj. H. C. TA 1255/2009 & others. Dt. 1/7/16, Prashant oil mill.

Held, If books are rejected u/s 145, specific additions cannot be made based on those books and best judgement is to be done on basis of history and nature of business and net profit rate in previous year.

R K Patel
5
Discussion / Selection of Tribunals Members
« Last post by brettlee on July 14, 2016, 09:10:45 am »
Recently a committee has been formed by the P.M.O office for improving the working of all the tribunals operating in this country. Ponderous suggestions are given in this regard, I have also suggested that there has to be change in the process of selection of the members. There has to be written test, General ability test, langue test and then interview. Then only we the people of India will be able to get the fair persons in judiciary. Otherwise we have to suffer a lot. I am also going to write to this energetic prime minister Mr Modi ji for changing the selection process of the Learned Members of the ITAT and other tribunals and I request to all of you that you should also visit the web site of PMO and put your suggestions there     
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Discussion / Re: Deduction u/s 54
« Last post by satyanveshi on July 11, 2016, 11:34:25 am »
Yes, why not ....you can purchase the land and start constructing house. However, within 3 years entire amount is to be spent though the house could not be constructed.
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Discussion / Re: Deduction u/s 54
« Last post by gaurav1705 on July 08, 2016, 10:07:33 am »
I sold my capital asset on 19.06.2014 and deposited full Long term
capital gain amount in CGAS account with designated bank before due
date u/s 139(1) and after 2 years from date of transfer i.e. now in
3rd year, can I purchase land and construct house to avail exemption
u/s 54F.
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Discussion / s.158BFA(2) penalty
« Last post by rajul5234 on July 07, 2016, 12:42:48 pm »
TA 1349 / 2008. Dt. 16/6/16. Bipinchandra Bhatia. (Guj.)

Held, Penalty u/s 158BFA is not automatic and is not leviable simply as a consequence to confirmation of quantum additions in appeals.

R K Patel
9
Ignore the above stated reply by bharat it is technically place at wrong place.please dont be angry .
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Discussion / GENEARL TERM USED BEFORE TRIBUNAL
« Last post by Bharat Kumar Rajpurohit on June 29, 2016, 10:57:58 pm »
1.   What is tribunal?

The tribunal as distinguished from the court, exercise judicial power and decides matters brought before it judicially or quasi-judicially, but it does not constitute a court in technical sense.
Tribunal is part of central government.
Reference: SC Engineering Mazdoor Sabha-Hind Cycles Ltd.

2.   Who will be deciding cases in tribunal?

In court the matter decided by honorable judges but in tribunal cases are decided by honorable member in tribunal.

3.   Type of members in ITAT?

There are two type members in ITAT one is Judicial Member called as JM and another is Accountant Members called as AM. The members are appointed by central government having required qualification and experience. The Central government invites application for this post as manner prescribes.

4.   What is “Bench”?

It is combination of one or two or three members. Every case in tribunal is allocated to separate bench to hear matter .Generally it will be combination of two members but in small cases it can be seen as one member. In complex issue the matter can be hear by three members in bench or by special Bench.
"Benchs” are  called in name of like A Bench, B Bench and Etc.

5.   Is the members are fixed in Bench?

The bench is constituted by order of president of ITAT. It is generally have monthly schedule to fixed members for each bench. The Bench members are rotated in next constitution of Bench.
6.   What is meaning of Constitution in Tribunal.

In Specified schedule, a constitution of bench is made. It reveals about bench combination of members and schedule date for hearing. It also reveals that which members will do chamber work and which will hear the cases.

7.   What is meaning of chamber work?

Chambers work means on that day member will not be in bench he will be in own room and will write order of cases which are heard earlier.

8.   What is meaning of Board?

Board means a weekly schedule of cases of which will heard in tribunals. It shows name of cases and date of hearing. Generally it is issued in Friday evening and it can be downloading from itat.nic.in or itatonline.org
It also show appeal no. just like    ITA No. : 1217/Mum/2014

9.   What is meaning of DR?

DR is Short form of Department representative. Some DR is regular and Some DR are comes from routine duties. Regular DR has good experience of arguing cases and casual DR has less experience
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