Monday, November 3, 2014

[aaykarbhavan] Judgments and Information [3 Attachments]





Constitution of Dispute Resolution Panel-IV at Mumbai by CBDT

Central Board of Direct Taxes
FT &TR-II Division
F. No. 500/12/2013-SO/FT&TR-2(1)
New Delhi, dated 30th October, 2014
ORDER NO. 11/FT&TR/2014
In exercise of the powers conferred by clause (a) of sub-section (15) of section 144C of the Income-tax Act, 1961(43 of 1951) read with income tax (Dispute Resolution Panel) Rules, 2009 as amended from time to time and in addition to earlier Orders constituting Dispute Resolution Panels at Mumbai, the Central Board of Direct Taxes hereby constitutes the Dispute Resolution Panel-IV at Mumbai comprising of three Commissioners of income-tax as Members of the said Panel with a Reserve Member in such Panel in accordance with Rule 3(3) of the Income-tax(Dispute Resolution Panel) Rules, 2009 as under:
S. No.
Area(s) of Jurisdiction
Members of Panel
Reserve Member of the Panel
(1)
(2)
(3)
(4)
1.
DRP-IV, Mumbai 1. CIT(Appeals)-19,Mumbai2. CIT(Appeals)-37, Mumbai
3. CIT(Appeals)-39, Mumbai
CIT(Appeals)-23, Mumbai
2.   The Members of DRP shall perform such duties in addition to their regular duties. This order will be effective from 1st  November, 2014.
3.   This issues with the approval of Chairman, CBDT.
(A. Sreenivasa Rao)
Director(FT & TR-II)
(A. Sreenivasa Rao)
Director (FT & TR-II)
- See more at: Constitution of Dispute Resolution Panel-IV at Mumbai by CBDT


Madras High Court Stays Clause 7 of CBDT Order dated 26-09-2014 regarding Extension of ITR Due Date AY 2014-15 with Levy of Interest u/s 234A
 
 
Earlier on 26-09-2014 CBDT, following the direction of the Gujarat High Court had extended the due date for Income Tax Returns (ITR) filing from 30th September, 2014 to 30th November, 2014 for assessee covered under tax audit us 44AB of Income Tax Act, 1961.
However, the clause 7 of CBDT order dated 26-09-2014 provided that assessee shall have to pay interest under section 234A for the period of the extension granted.
Clause 7 of CBDT Order is reproduced hereunder:
7. There shall be no extension of the "due date" for the purposes of Explanation 1 to section 234A (Interest for defaults in furnishing return) of the Act and the assessees shall remain liable for payment of interest as per the provisions of section 234A of the Act.
Now, it is reported that the Madras High Court has granted a stay on the operation of the clause 7 of the said order of CBDT and has issued a direction to Income Tax to accept returns without interest.
The full details of the order are awaited.

Commissioner of Income Tax Versus M/s. Fortune Hotels And Estates Pvt. Ltd. - 2014 (10) TMI 783 - BOMBAY HIGH COURT - Income Tax

Penalty u/s 271(1)(c) Addition of deemed income u/s 50C - Whether the Tribunal was right in holding that the penalty cannot be imposed with reference to addition of deemed income u/s 50C Held that - The Tribunal was rightly of the view that this cannot be taken as a case of furnishing inaccurate par.


Commissioner of Income Tax Versus M/s. ABT Ltd. C/o. M/s. Subbaraya Aiyar Padmanabhan & Ramamani, Advocates - 2014 (10) TMI 788 - MADRAS HIGH COURT - Income Tax

Claim of depreciation on installation of windmill Satisfaction of requirement of second proviso to Rule 5(1A) of the Income Tax Rules or not Held that - Following the decision in CIT V. Vijaya Hirasa Kalamkar (HUF) 1992 (9) TMI 4 - BOMBAY High Court - if the assessee exercised the option in terms of second proviso to Rule 5(1A) of the Income Tax Rules at the time of furnishing of return of income, it will suffice and no separate letter or request or intimation with regard to of exercise of optio..



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Posted by: Dipak Shah <djshah1944@yahoo.com>


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