Author: administrator

CIT Revision u/s 263- the word ‘erroneous’ includes the failure to make an inquiry when circumstances would make such it prudent

In a recent judgment, ITAT held that  the word ‘erroneous’ in section 263 includes the failure to make an inquiry when circumstances would make such an enquiry prudent. Also order passed without applying the principles of natural justice or without application of mind are fall in the same category.  …

Addition u/s 69 for discrepancies in stocks was business income to be considered for computing partners remuneration under Section 40(b)

In a recent judgment, ITAT Chennai has upheld that Addition u/s 69 for discrepancies in stocks was business income and has to be considered for computing partners remuneration under Section 40(b) Case Law Details: ITA No.393/Mds/2013 Assessment Year : 2009-10 Income Tax Officer vs. M/s Roshan Date of Order/Judgment: 07/04/2016 Brief …

Excisability of re-refined used oil or waste oil-CBEC clarification-When lubricating oil produced from waste oil amounts to manufacture

Circular No. 1024/12/2016–CX F.NO. 96/43/2015-CX.1 Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs New Delhi, dated the 11th April, 2016 To All Principal Chief Commissioner/Chief Commissioners of Customs, Central Excise & Service Tax; All Director Generals of Customs, Central Excise & …

Public Servants Filing of Annual Return of Assets and Liabilities. Extension of due due date to 31/07/2016 u/s 44 of the Lokpal and Lokayuktas Act 2013

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training) NOTIFICATION New Delhi, the 11th April, 2016 G.S.R. 414(E).––In exercise of the powers conferred by sub-section (1) read with clause (k) and clause (m) of sub-section (2) of section 59 read with section 44 of the …

No disallowance u/s 40A(2)(b) when payees assessed at maximum rate. Excessive directors remuneration disallowance quashed

In a recent judgment, Ahmedabad ITAT quashed disallowance for excessive directors remuneration stating that section 40A(2)(b) disallowance is not to be invoked when the payees already stand assessed at maximum rate. Case law Details: ITA 857/Ahd/2012 Assessment year 2008-09  ACIT vs. M/s. Patel Alloy Steel Pvt. Ltd Date of Judgment/Order: 08/04/2016 Brief facts …

5 judge Bench of SC recalls its 2013 controversial judgment which quashed National Eligibility Entrance Test as unconstitutional

The Supreme Court recalls its judgment delivered on 28-07-2013 delivered by a three judge Bench which had quashed the National Eligibility Entrance Test as unconstitutional. The judgment was alleged as leaked even before it was pronounced and had created a lot of controversies. A 5-judge Bench headed by Justice Anil …