Recent Posts

Recent Posts

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What you are expecting. Where is the need of issuing 143(2).. See the section 143(2)..... it starts with the words....Where a return has been furnished u/s 139(1), or in response........which means notice u/s 143(2) is required only when a return is filed. in the given case, there is no return.. then where is the question of issuing 143(2),,,,Therefore, the idea of 143(2) is not good. If you have merit, fight it otherwise, ........
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Discussion / Re: Reopening on basis of post assessment information
« Last post by deepakgadgil on February 10, 2017, 10:09:04 AM »
sir
can u please provide me with full text of the case law
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Discussion / Reopening to invoke a provision
« Last post by rajul5234 on February 08, 2017, 01:45:39 PM »
Micro inks pvt. ltd. SCA 21687 / 2016. Dt. 31.1.17 Guj. H C

Held, If issue is processed under particular provision, reopening beyond a period of 4 yrs. from the end of the year cannot be permissible to invoke different provision to the detriment of assessee.

R K Patel, Advocate
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Discussion / Reopening on basis of post assessment information
« Last post by rajul5234 on February 08, 2017, 01:42:46 PM »
SCA 21452 / 2016. Manan exports. Gujarat high court.

Held, Even if assessing officer during scrutiny has not made addition properly on basis of information, subsequent to assessment same information by communication from a different source cannot grant jurisdiction to reopen a case beyond 4 years from the end of relevant year.

R K Patel
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The Case was reopened by issue of notice u/s 148. No Return was filed , thereafter notice u/s 142 (1) issued , the assessee attended and order passed u/s 143 (3) r.w.s. 147 of the Income-tax Act. No Notice u/s 143 (2) was issued.

Is such order is legal ? pl give reference of case laws if any.

Thanks & regards

CA Naresh Lakhani
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Discussion / Re: Charitable Trust or society
« Last post by GreenFingers on January 26, 2017, 11:52:05 AM »
Good question Padmini.
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Queries and replies relating to black money / Re: Taxation of perquisite
« Last post by Ramasamy on January 11, 2017, 03:03:37 PM »
Hi,

Accommodation facility provided by company to it's employee on account of transfer from one place to another place subject to taxable perk if stay excceeds 15 days. However, in the given case it is short term deputation, your company  may take the benefit tax free allowance  given in Sec 10(14) read with rule 2BB.

"any allowance, whether, granted on tour or for the period of journey in connection with transfer, to meet the ordinary daily charges incurred by an employee on account of absence from his normal place of duty ";

Regards,
Ram
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Discussion / Mumbai High Court decision
« Last post by vsaiyar on January 04, 2017, 08:15:16 PM »
Dear Friends

The department seems to have filed an SLP in the matter of Indo French Chamber of Commerce and Industry.  The Officer has given 18600/13.  Can anyone provide me a copy of the Mumbai High Court judgement in DIT(E) v/s Indo French hamber of Commerce and Industry.  I will be grateful.
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Queries and replies relating to black money / Taxation of perquisite
« Last post by Mansi Thakkar on January 04, 2017, 07:16:29 PM »
Will perquisite tax attract in the following cases:

1. the employer deputed an employee for three months to his Ahmedabad branch and provides company guest house/ company funded hotel for his stay in Ahmd

2. the employer provides employee, a non-exclusive, rent-free stay in the company guest house, wherein the place will be shared with others and no access to key, etc will be given.

An early reply will be appreciated. Thanks.
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Discussion / Re: s.11 exemption reopening
« Last post by Padmini on December 20, 2016, 09:13:38 PM »
Please clarify me whehter Sec 12A registration is mandatory to accept corpus donations?
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