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Recent Posts

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Discussion / service tax on municipality parking contractor
« Last post by on March 22, 2017, 10:27:43 AM »
Service tax paid by contractor on behalf of principal directly to service tax department during survey at contractor's site. Whether principal can demand service tax paid during survey from contractor saying that it must have been paid through him?

It has been observed by the undersigned that many members have been posted in their home town means the area where they have done practice, this is clear cut violation of Ajay gandhi Judgement of Hon'ble Apex Court. It appears that one more PIL is required to be filed in the Supreme Court.

I will request Mr Akhay Pundir to do the same and very soon we will file one PIL in Supreme Court as well as contempt of Supreme Court then whosoever is responsible for this will be answerable in Apex Court
Discussion / housing loan interest
« Last post by BEENA PANICKER on February 26, 2017, 03:52:25 PM »
Any one please clear my doubt. if housing loan is availed jointly by husband and wife and if the property is owned jointly by both whether deduction of interest of 2 lakhseach can be availed from salary by both of them.
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, ........
Discussion / Re: Reopening on basis of post assessment information
« Last post by deepakgadgil on February 10, 2017, 10:09:04 AM »
can u please provide me with full text of the case law
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
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
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
Discussion / Re: Charitable Trust or society
« Last post by GreenFingers on January 26, 2017, 11:52:05 AM »
Good question Padmini.
Queries and replies relating to black money / Re: Taxation of perquisite
« Last post by Ramasamy on January 11, 2017, 03:03:37 PM »

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 ";

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