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Feb 22, 2013

Assessee not allowed to raise same issue again in the guise of rectification before ITAT

Assessee not allowed to raise same issue again in the guise of rectification before ITAT

 On going through the order passed by the Tribunal, it is found that the Tribunal passed the order, after marshalling at the facts considering the submissions made before it and applying its mind to the decisions cited before it. There is no mistake in the order of the Tribunal of the nature as...

Brand creation expenses are revenue expenditure

Expenditure incurred by the assessee is not creating any enduring benefit of an asset but is rather helping the assessee in augmenting its sales and resultantly its profit. Even if it is presumed that the building of brand image of Nirvana is giving advantage of enduring benefit to the assessee,...

S. 68 Assessee cannot be asked to prove source of source or origin of origin

It is not in dispute that the aforesaid two amounts have been deposited by the two partners in their capital account. The partners are income tax payee. They have explained the source as having received gift from various persons, who have also filed their Income Tax Returns and have been assessed...

Income from relinquishment of right in property is capital gain

The decision in J.K. Kashyap v. Asstt. CIT [2008] 302 ITR 255 is an authority for the proposition that even when an assessee becomes entitled to an undefined and undivided share in a property, through an agreement, which he later relinquishes, the gain has to be assessed as income from capital...

Provisional assessment under Rule 7 of Central Excise, Rules, 2002

Sanjay Kumar Provisional assessment. RULE 7      (1) Where the assessee is unable to determine the value of excisable goods or the rate of duty applicable thereto, he may request the AC/DC of Central Excise in writing giving reasons for payment of duty on provisional basis. AC/DC may order allowing...

TDS cannot be postponed till last date of accounting period, HC ruling in virgin Creations will not apply

A judgment is an authority for what it decides. It applies only to those cases in which the requisite amount of tax has been deducted at source out of payments made to the payee and thereafter deposited on or before the due date stipulated by law. The said judgment does not apply to a case [...]

Compliance of sec. 2(19AA) of Income Tax Act not mandatory for all schemes of amalgamation or arrangement

In the present case, the observation of the Regional Director that the demerger and transfer of undertaking – III of the demerged company to the resulting company No. 2 would result in non-compliance of section 2(19AA) of the Income-tax Act, 1961, does not appear to be valid as the definition of...

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