Wednesday, September 30, 2015

[aaykarbhavan] Judgment and Information, Business Standard [2 Attachments]

















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[aaykarbhavan] Judgments and Infomration [2 Attachments]








The Chamber Of Tax Consultants vs. UOI (Bombay High Court)

by editor
The Respondent No.2 i.e. CBDT is directed to forthwith issue the order/ notification under Section 119 of the Income Tax Act and extend the due date for Efiling of the Income Tax Returns in respect of the assessee who are required to file return of income by 30th September, 2015 to 31st October, 2015

The Chamber Of Tax Consultants vs. UOI (Bombay High Court)

COURT: Bombay High Court
CORAM: G. S. Kulkarni J, M. S. Sanklecha J
SECTION(S): 119, 139(1)
GENRE: Domestic Tax
CATCH WORDS: Due date, Return of Income
COUNSEL: Dr. K. Shivram, Rahul Hakani
DATE: September 30, 2015 (Date of pronouncement)
DATE: September 30, 2015 (Date of publication)
AY: 2015-16
FILE: Click here to download the file in pdf format
CITATION:
CBDT directed to forthwith issue an order u/s 119 to extend the due date for filing ROI to 31.10.2015
The order has been dictated in the open Court which is in the process of being transcribed. However, due to urgency, we are issuing the following operative order:
(i) The Respondent No.2 i.e. CBDT is directed to forthwith issue the order/ notification under Section 119 of the Income Tax Act and extend the due date for Efiling of the Income Tax Returns in respect of the assessee who are required to file return of income by 30th September, 2015 to 31st October, 2015;
(ii) It is made clear that at this stage we have not opined any other issue except to the extent of the aforesaid directions. It is made clear that this order will not affect any other obligation that may arise under the Act.

Related Judgements

  1. All Gujarat Federation Of Tax Consultants vs. CBDT (Gujarat High Court) 
    The Board while not extending the due date for filing return was also of the view that due date should not be extended just for the benefit of those who have remained lax till now for no valid reason in discharging their legal obligations. It may be noted that…
  2. The Chamber of Tax Consultants vs. UOI (Bombay High Court) 
    Non-Extension Of due date for filing ROI will cause "substantial hardship". CBDT must look into practical difficulties & take "just and proper" decision before 30.09.2014
    In view of the fact that the Madras High Court has already directed the CBDT to examine the representation of the assessees…
  3. Vishal Garg vs. UOI (P&H High Court) 
    In view of the above, taking the totality of facts and circumstances of the case, it is considered appropriate to extend the due date for e-filing of returns upto 31st October 2015 for which the CBDT shall issue appropriate notification/instructions under Section 119 of the Act. Direction is also…
  4. CROWN Consultants Pvt. Ltd. vs. CIT (Bombay High Court) 
    S. 147: Assessee is not entitled to challenge validity of reopening on a ground not stated in objections to AO
    Just as the revenue cannot improve upon its case for reopening before the Court and but must stand or fall by the reasons recorded for reopening the assessment, the…
  5. CIT vs. J. L. Morrison (India) Ltd (Calcutta High Court) 
    S. 263: The CIT can revise an assessment only if he can show unmistakably that the order of the AO is unsustainable. Fact that the AO has passed a non-speaking order does not mean that he has not applied his mind
    (i) If the AO has taken a…


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[aaykarbhavan] Bombay High Court Also Bails Out Taxpayers By Extending ROI Due Date To 31.10.2015



Dear Subscriber,

The Chamber Of Tax Consultants vs. UOI (Bombay High Court)

CBDT directed to forthwith issue an order u/s 119 to extend the due date for filing ROI to 31.10.2015

The Respondent No.2 i.e. CBDT is directed to forthwith issue the order/ notification under Section 119 of the Income Tax Act and extend the due date for Efiling of the Income Tax Returns in respect of the assessee who are required to file return of income by 30th September, 2015 to 31st October, 2015


Regards,

 

Editor,

 

itatonline.org

---------------------

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CBDT Extends Due Date For Filing ROI ONLY For Assessess In P&H And Gujarat Subject To Outcome Of Appeal In Supreme Court



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Re: [aaykarbhavan] Re: {CAUSE OF CA} Please Think



They do not have any courage to represent the case.They have only their  interest of protecting their interest only.
God save us.
Shah D J



On Wednesday, 30 September 2015 10:42 AM, "Tapuriah Madhu tapuriahmadhu@yahoo.co.in [aaykarbhavan]" <aaykarbhavan@yahoogroups.com> wrote:


 
Sir 
Forget about resignations.but
ICAI must again make an humble presentation before finance ministry about this discrimination 

Sent from my iPhone

On 30-Sep-2015, at 20:53, Dipak Shah djshah1944@yahoo.com [aaykarbhavan] <aaykarbhavan@yahoogroups.com> wrote:

 
Who cares ???!! do it your self solve your problems by you and your self only!!!!!!!!!!!!!!!
They are not meant for us.
Shah D J



On Wednesday, 30 September 2015 10:05 AM, Deep Jain <deepjainca@gmail.com> wrote:


Friends,
PLEASE THINK ....PLEASE THINK......PLEASE THINK........
Do not you think this discrimination by CBDT is a direct slap on our face?
Do you think ICAI, as an autonomous body, should come to the rescue of its members, where by all the Council members, should submit mass resignation to the FM, if they really feel their members are suffering mental agony and stress due to this arrogancy and adamancy of the CBDT officials?
What is the value of this autonomous body in the eyes of the Government, which do not listen to the genuine demand of its members?
Do you think our elected Council members have so much courage to come forward and tendering their resignation in protest of this arrogant behaviour of the CBDT?
If they do not take any decision in this regard, whether they have any right to be re-elected, as many of them are seeking re-election?
TRY NEW FACES....TRY NEW FACES......GIVE CHANCE TO NEW FACES.........
--
WELCOME TO CAUSE OF CA............. STRONGLY RAISE YOUR VOICE...WITH OUT ANY FEAR FOR THE CAUSE OF THE PROFESSION................
 
MAILS SENT THROUGH THIS GROUP ARE MEANT FOR THE INFORMATION TO THE MEMBERS OF THE CA PROFESSION, TO KEEP THEM UPDATED ABOUT THE PROFESSION...MODERATOR(S) OF THE GROUP DO NOT HAVE ANY INTENTION TO DEFAME ANY BODY...VIEWS EXPRESSED IN THE MAILS ARE THE INDIVIDUAL VIEWS OF THE SENDER AND THE MODERATOR(S) OF THE GROUP IS NOT RESPONSIBLE IN ANY WAY FOR THE VIEWS EXPRESSED BY OTHER MEMBERS....BEFORE ACTING ON THE BASIS OF ANY PROFESSIONAL DISCUSSION,TAKE PROPER ADVICE BEFORE ACT..MODERATOR WILL NOT BE HELD RESPONSIBLE IN ANY MANNER...
 
REPRODUCTION OF THE MAILS SENT THROUGH THIS GROUP, WITH OUT THE ABOVE DISCLAIMER IS AT THE SOLE RISK OF THE SENDER AND MODERATOR OF THE GROUP WILL NOT BE RESPONSIBLE FOR THAT ACT IN ANY MANNER WHAT SO EVER IT MAY BE.........
---
You received this message because you are subscribed to the Google Groups "CAUSE OF CA" group.
To unsubscribe from this group and stop receiving emails from it, send an email to cause-of-ca+unsubscribe@googlegroups.com.






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


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Re: [aaykarbhavan] Re: {CAUSE OF CA} Please Think



Sir 
Forget about resignations.but
ICAI must again make an humble presentation before finance ministry about this discrimination 

Sent from my iPhone

On 30-Sep-2015, at 20:53, Dipak Shah djshah1944@yahoo.com [aaykarbhavan] <aaykarbhavan@yahoogroups.com> wrote:

 

Who cares ???!! do it your self solve your problems by you and your self only!!!!!!!!!!!!!!!
They are not meant for us.
Shah D J



On Wednesday, 30 September 2015 10:05 AM, Deep Jain <deepjainca@gmail.com> wrote:


Friends,
PLEASE THINK ....PLEASE THINK......PLEASE THINK........
Do not you think this discrimination by CBDT is a direct slap on our face?
Do you think ICAI, as an autonomous body, should come to the rescue of its members, where by all the Council members, should submit mass resignation to the FM, if they really feel their members are suffering mental agony and stress due to this arrogancy and adamancy of the CBDT officials?
What is the value of this autonomous body in the eyes of the Government, which do not listen to the genuine demand of its members?
Do you think our elected Council members have so much courage to come forward and tendering their resignation in protest of this arrogant behaviour of the CBDT?
If they do not take any decision in this regard, whether they have any right to be re-elected, as many of them are seeking re-election?
TRY NEW FACES....TRY NEW FACES......GIVE CHANCE TO NEW FACES.........
--
WELCOME TO CAUSE OF CA............. STRONGLY RAISE YOUR VOICE...WITH OUT ANY FEAR FOR THE CAUSE OF THE PROFESSION................
 
MAILS SENT THROUGH THIS GROUP ARE MEANT FOR THE INFORMATION TO THE MEMBERS OF THE CA PROFESSION, TO KEEP THEM UPDATED ABOUT THE PROFESSION...MODERATOR(S) OF THE GROUP DO NOT HAVE ANY INTENTION TO DEFAME ANY BODY...VIEWS EXPRESSED IN THE MAILS ARE THE INDIVIDUAL VIEWS OF THE SENDER AND THE MODERATOR(S) OF THE GROUP IS NOT RESPONSIBLE IN ANY WAY FOR THE VIEWS EXPRESSED BY OTHER MEMBERS....BEFORE ACTING ON THE BASIS OF ANY PROFESSIONAL DISCUSSION,TAKE PROPER ADVICE BEFORE ACT..MODERATOR WILL NOT BE HELD RESPONSIBLE IN ANY MANNER...
 
REPRODUCTION OF THE MAILS SENT THROUGH THIS GROUP, WITH OUT THE ABOVE DISCLAIMER IS AT THE SOLE RISK OF THE SENDER AND MODERATOR OF THE GROUP WILL NOT BE RESPONSIBLE FOR THAT ACT IN ANY MANNER WHAT SO EVER IT MAY BE.........
---
You received this message because you are subscribed to the Google Groups "CAUSE OF CA" group.
To unsubscribe from this group and stop receiving emails from it, send an email to cause-of-ca+unsubscribe@googlegroups.com.




__._,_.___
Posted by: Tapuriah Madhu <tapuriahmadhu@yahoo.co.in>


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__,_._,___
at No comments:

[aaykarbhavan] Re: {CAUSE OF CA} Please Think



Who cares ???!! do it your self solve your problems by you and your self only!!!!!!!!!!!!!!!
They are not meant for us.
Shah D J



On Wednesday, 30 September 2015 10:05 AM, Deep Jain <deepjainca@gmail.com> wrote:


Friends,
PLEASE THINK ....PLEASE THINK......PLEASE THINK........
Do not you think this discrimination by CBDT is a direct slap on our face?
Do you think ICAI, as an autonomous body, should come to the rescue of its members, where by all the Council members, should submit mass resignation to the FM, if they really feel their members are suffering mental agony and stress due to this arrogancy and adamancy of the CBDT officials?
What is the value of this autonomous body in the eyes of the Government, which do not listen to the genuine demand of its members?
Do you think our elected Council members have so much courage to come forward and tendering their resignation in protest of this arrogant behaviour of the CBDT?
If they do not take any decision in this regard, whether they have any right to be re-elected, as many of them are seeking re-election?
TRY NEW FACES....TRY NEW FACES......GIVE CHANCE TO NEW FACES.........
--
WELCOME TO CAUSE OF CA............. STRONGLY RAISE YOUR VOICE...WITH OUT ANY FEAR FOR THE CAUSE OF THE PROFESSION................
 
MAILS SENT THROUGH THIS GROUP ARE MEANT FOR THE INFORMATION TO THE MEMBERS OF THE CA PROFESSION, TO KEEP THEM UPDATED ABOUT THE PROFESSION...MODERATOR(S) OF THE GROUP DO NOT HAVE ANY INTENTION TO DEFAME ANY BODY...VIEWS EXPRESSED IN THE MAILS ARE THE INDIVIDUAL VIEWS OF THE SENDER AND THE MODERATOR(S) OF THE GROUP IS NOT RESPONSIBLE IN ANY WAY FOR THE VIEWS EXPRESSED BY OTHER MEMBERS....BEFORE ACTING ON THE BASIS OF ANY PROFESSIONAL DISCUSSION,TAKE PROPER ADVICE BEFORE ACT..MODERATOR WILL NOT BE HELD RESPONSIBLE IN ANY MANNER...
 
REPRODUCTION OF THE MAILS SENT THROUGH THIS GROUP, WITH OUT THE ABOVE DISCLAIMER IS AT THE SOLE RISK OF THE SENDER AND MODERATOR OF THE GROUP WILL NOT BE RESPONSIBLE FOR THAT ACT IN ANY MANNER WHAT SO EVER IT MAY BE.........
---
You received this message because you are subscribed to the Google Groups "CAUSE OF CA" group.
To unsubscribe from this group and stop receiving emails from it, send an email to cause-of-ca+unsubscribe@googlegroups.com.




__._,_.___
Posted by: Dipak Shah <djshah1944@yahoo.com>


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[aaykarbhavan] Judgmnets and Information [4 Attachments]






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Case Law Citation
Bhavya Anant Udeshi Vs The Income Tax Officer (International Taxation)- ITAT Hyderabad, ITA.No.565/Hyd/2015, Date of decision: 04-09-2015
Brief about the case
In the case of Bhavya Anant Udeshi Vs ITO (International Taxation) it was held by ITAT Hyderabad that provision of section 50C being a deeming provision, it cannot be used for the purpose of imposition of penalty under section 271(1)(c) unless it is proved that Assessee has received any amount over and above the sale consideration mentioned in the sale deed or it can be imposed if there is a failure on the part of the assessee to disclose all the detail correctly.
Facts of the case:
  • The assessee is a non-resident Indian and had filed her return of income on 31.07.2008 declaring income of Rs.3,18,567 which included short term capital gain of Rs.3,06,625 from sale of shares as well as sale of immovable property at Hyderabad.
  • During the course of assessment proceedings the AO observed that the value of the immovable property for the purpose of stamp duty was Rs.2,55,50,000 and therefore AO invoked section 50C of the IT Act computing capital gain at Rs.2,54,58,000.
  • On moving further the CIT(A) and ITAT too confirmed the AO's demand.
  • In the meanwhile, A.O. issued a notice to the assessee requiring him to show cause as to why penalty under section 271(1)(c) of the Act shall not be imposed for furnishing inaccurate particulars of income for the reason that the assessee has intentionally disclosed the sale consideration of property at a lesser rate than what was determined by the registering authority.
  • The assessee in reply submitted that he had furnished all material particulars relating to sale transaction of property by furnishing sale deeds and all other documents for the consideration of the A.O. and the determination of the capital gain is only by applying the provisions of section 50C by adopting the value determined by the SRO for stamp duty purpose as deemed sale consideration, it cannot be said that assessee has furnished inaccurate particulars of income.
  • The ITAT Hyderabad Benches "A" observed that since the assessee has not suppressed any material fact from the notice of the A.O. In these circumstances, the imposition of penalty under section 271(1)(c) of the Act alleging furnishing of inaccurate particulars of income or concealment of income is not appropriate.
Contention of the Revenue
The revenue asserted that the assessee having furnished inaccurate particulars with regard to the value of the property being aware of the fact that the stamp valuation authority has valued the property at Rs.2,55,00,000 for stamp duty purpose has shown the value at lesser amount for the purpose of computing capital gain; therefore, to that extent, there is furnishing of inaccurate particulars of income and hence imposition of penalty under section 271(1)(c) is justified.
Contention of the Assessee
  • The Assessee submitted that there being no conclusive evidence before the A.O. to prove the fact that assessee has received any amount over and above the sale consideration mentioned in the sale deed, imposition of penalty under section 271(1)(c) is not imposable.
  • The A.R. further submitted that the provision of section 50C being a deeming provision, it cannot be used for the purpose of imposition of penalty under section 271(1)(c).
  • The A.R. relied upon a handful of cases such as Renu Hingorani, Mumbai vs. ACIT ITA.No.2210/Mum/2010; Shri Chimanlal Manilal Patel, Surat vs. ACIT ITA.No.508/Ahd/2010; Judgment of Hon'ble Karnataka High Court in the case of CIT vs. Madan Theatres Ltd. In asserting that the assessee had furnished all material facts in the course of assessment proceeding like copy of sale deed, other connected documents, there is no material on record to show that assessee has furnished inaccurate particulars of income.
Held by ITAT
Relying upon the decisions in cases of identical nature, whereby penalty u/s 271(1)(c) was deleted, the Bench pronounced that since the assessee had not suppressed any material fact from the notice of the A.O. in these circumstances, the imposition of penalty under section 271(1)(c) of the Act alleging furnishing of inaccurate particulars of income or concealment of income is not appropriate.

CBDT Extends Due Date For Filing ROI ONLY For Assessess In P&H And Gujarat Subject To Outcome Of Appeal In Supreme Court

F.No.225/207/2015/ITA.II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North-Block, ITA.II Division
New Delhi dated the 30th day of September, 2015
Order under Section 119 of the Income-tax Act 1961
The Central Board of Direct Taxes, in compliance to the order of Hon'ble Punjab and Haryana High Court dated 28.09.2015 in case of Vishal Garg & Ors. vs. Union of India & Anr.; CWP 19770-2015 and in exercise of powers conferred under section 119 of the Income-tax Act , 1961 ('Act'), hereby orders that the returns of income due to be E-filed by 30th September, 2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State(s) of Punjab and Haryana and Union Territory of Chandigarh.
2. This order shall be subject to the outcome of any further appeal/SlP which the CBDT may file against the said judgment.
(Rohit Garg)
Deputy-Secretary to the Government of India
F.No.22S/207/201S/ITA.II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North-Block, ITA.II Division
New Delhi dated the 30th of September, 2015
Order under Section 119 of the Income tax Act. 1961
The Central Board of Direct Taxes, in compliance to the order of Hon'ble Gujarat High Court dated 29.09 .2015 in case of All Gujarat Federation of Tax Consultants vs. CBDT; Special Civil Application No. 15075 of 2015 and in exercise of powers conferred under section 119 of the Income-tax Act, 1961 ('Act'), hereby orders that the returns of income due to be E-fiJed by 30th September,2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State of Gujarat.
2. This order shall be subject to the outcome of any further appeal/SLP which the CBDT may file against the said judgment.
(Rohit Garg)
Deputy-Secretary to the Government of India


The Central Board of Direct Taxes, in compliance to the orders of Hon'ble Punjab and Haryana High Court dated 28.09.2015 in case of Vishal Garg & Ors. vs. Union of India & Anr.; CWP 19770-205 and order of Hon'ble Gujarat High Court dated 29.09 .2015 in case of All Gujarat Federation of Tax Consultants vs. CBDT; Special Civil Application No. 15075 of 2015 and in exercise of powers conferred under section 119 of the Income-tax Act , 1961 ('Act'), hereby orders that the returns of income due to be E-filed by 30th September, 2015 may be filed by 31st October, 2015 in cases of Income-tax assessees of the State(s) of Punjab and Haryana and Union Territory of Chandigarh and the State of Gujarat. This order shall be subject to the outcome of any further appeal/SLP which the CBDT may file against the said judgment


Dear Patrons,
Recently, the US Court of Appeals in Lenz v. Universal, ruled on 'fair use' doctrine under copyright law. The case involved use of Universal Music's song in appellant's video uploaded on YouTube. Universal contended copyright infringement while appellant took support of 'fair use' doctrine. Ruling in favour of appellant, the US Court ruled, "Fair use is not just excused by the law, it is wholly authorized by the law."
Kartik Chawla of SpicyIP analyses the 'fairuse' doctrine in light of the above American ruling and compares it with Indian copyright law. The author states that copyright law promotes use of creator's work for creation of more public good, without actually affecting creator's monopoly, business or profit. He, thus, points out that, "The difference, therefore, is between seeing 'fair use' as a right versus seeing it as a defence."
The author specifies that under Indian jurisprudence concept of 'fair dealing' (similar to 'fair use' doctrine) is used as a defence and not as right, and expresses disappointment that such use of 'fair dealing' concept does not serve the aim of copyright law. He mentions that, "An incorporation of Lenz's basic legal position into our law would go a long, long way towards fixing the same."
Click here to read this IP Corner Story – "Through the Looking Lenz – A discourse on Fair Use"
Best Regards
LSI Team


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