Suvaprasanna Bhattacharya vs. ACIT (ITAT Kolkata)
S. 271(1)(c): A penalty notice u/s 274 which does not strike out the irrelevant portion & which does not specify whether the penalty is for "concealment" or for "furnishing inaccurate particulars" renders the penalty order void
The next argument that the show cause notice u/s.274 of the Act which is in a printed form does not strike out as to whether the penalty is sought to be levied on the for "furnishing inaccurate particulars of income" or "concealing particulars of such income". On this aspect we find that in the show cause notice u/s.274 of the Act the AO has not struck out the irrelevant part. It is therefore not spelt out as to whether the penalty proceedings are sought to be levied for "furnishing inaccurate particulars of income" or "concealing particulars of such income"
Micro Ink Limited vs. ACIT (ITAT Ahmedabad)
Entire law on transfer pricing implications of (i) allowing excess credit to AE's on account of sale of goods and (ii) issue of corporate guarantee to AEs (after insertion of Explanation i(c) to s. 92B by FA 2012) explained
If the international transaction of exports of goods which has been benchmarked on TNMM basis is duly accepted by the TPO, making an adjustment for interest on excess credit allowed on sales to AEs will vitiate the picture, inasmuch as what has already been factored in the TNMM analysis, by taking operating profit figure which incorporate financial impact of the excess credit period allowed, will be adjusted again separately as well because the interest levy for late realization of debtors is inextricably connected with the sales and is also part of operating income. When such an interest is includible in operating income and the operating income itself has been accepted as reasonable under the TNMM, there cannot be an occasion to make adjustment for notional interest on delayed realization of debtors
ITO vs. Superline Construction P. Ltd (ITAT Mumbai)
S. 68 (bogus share capital): Despite statement of Mukesh C. Choksi & Jayesh Sampat admitting bogus share capital, addition cannot be made in assessee-company's hands
If the share application money is received by the assessee company from alleged bogus share holders who's name are given to the AO then the department is free to proceed to reopen their individual assessments in accordance with law but it cannot be regarded as undisclosed income of assessee company
Chidu, Eminent Lawyer & Former Finance Minister, Alleges "Malicious Onslaught" By CBDT; CBDT Defends Itself
P Chidambaram, eminent senior advocate and former Finance Minister, has alleged that the raids conducted by the Income-tax department on Advantage Strategic Consulting Pvt Ltd and Vasan Eye Care, companies said to be connected to his son, Karti Chidamabaram, is a "malicious onslaught" by the Government on him. In reply to the allegations, the CBDT has issued a press release dated 01.12.2015 stating that the search action was based on "credible information of tax evasion and large scale financial irregularities" committed by the group. It is also claimed that "certain incriminating evidence indicative of tax evasion and financial irregularities have been recovered during the on-going investigation". The CBDT has also clarified that there is no collateral purpose behind the search action and that no political person or his family member have been targeted
CBDT Appoints Former Chairperson As "Adviser on Tax Reforms"
The CBDT has announced that Ms. Anita Kapur, former Chairperson, Central Board of Direct Taxes, who retired from government service on 30.11.2015, has been appointed 'Adviser on Tax Reforms' on contract basis with effect from 01.12.2015 for a period of six months or earlier, as may be decided by the Government. Her terms of reference are set out
CBDT Simplifies Procedure For Issue Of Form Nos. 15H And 15G For TDS Exemption
The CBDT has issued Notification No. 4 /2015 dated 1st of December 2015 by which it has simplified the procedure for Form No.15G & 15H under Section 197A of the Income-tax Act read with Rule 29C of the Income tax Rules
Regards,
Editor,
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Latest:ICAI Objects To Proposal Of Income-tax Dept To Exclude CAs From Practice Of Taxation Law
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