Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Rajeshsingh Khadak Bahadur Versus Income-tax Officer, Ward -12 (1) , Ahmedabad.

Penalty u/s 271(1)(c) - Condonation of delay rejected by CIT(A) and deciding the appeals on merits - Held that:- The quasi judicial authorities are being respected not on account of their power to legalise the injustice on technical ground but because, they are capable of removing injustice and is expected to do so. The contention of the assessee is that he being a lay man has handed over the papers to tax consultant who did not file appeals in time. This belief is to be tested on consequential .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y in filing the appeals before the CIT(A).

The assessment order and the penalty order are ex parte orders. The moment, the assessee will file any application for permission to adduce additional evidences then, as per sub-rule -3 of Rule 46A of IT Rules, 1962, the ld. first appellate authority will have to call for a remand report from the AO. The second proceeding would commence at the level of AO. Therefore, with a view to avoid multiple proceedings, we deem it appropriate to set asi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ovide due opportunity of hearing.

As far as penalty appeal is concerned, since we have set aside the assessment order, there are no additions on which it can be alleged that assessee has evaded the taxes. After passing the assessment order, it is for the AO to assess whether penalty proceedings are to be initiated against the assessee or not. This factor would come out after completion of the assessment proceedings. Therefore, the penalty appeal is allowed and the penalty order is qua .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n assessment order passed under section 144 r.w.s. 147 of the Income-tax Act, 1961 (herein after the Act), dated 28.12.2011 whereas ITA No.616/Ahd/2014 has arisen from a penalty order under section 271(1)(c) of the Act dated 13.6.2012. We heard both the appeals together and deem it appropriate to dispose of them by this common order. 2. The first common grievance of the assessee in both the appeals is that ld. CIT(A) has erred in not condoning the delay in filing the appeals and deciding the app .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on 19.10.2010 which was duly served upon the assessee. In response to the notice received under section 148 assessee had filed return on 28th July, 2011 declaring total income of ₹ 3,98,550/- under section 44AF of the Act. The assessee did not submit any other detail and claimed that as per section 44AF the deemed profit @ 5% is to be calculated on the gross receipt of ₹ 79,23,772/-. The ld. AO had issued notice under section 142(1) on 11.1.2011 but assessee did not comply with the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

A) on 16.8.2012. The office of the CIT(A) confronted the assessee that his appeal is time barred by 199 days. The assessee filed an application for condonation of delay and filed his affidavit in support of his application. 5. The ld. A.O. has initiated penalty proceedings under section 271(1)©. He issued a show cause notice on 28.12.2011 which was served on the assessee but since he did not comply with the notices in the assessment proceedings, he did not comply with the notices in the pen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

assessee was very negligent before the AO. He did not bother to respond to any notice from Income-tax Department. In the opinion of the ld. CIT(A) the delay caused by the assessee was a deliberate delay and, therefore, assessee does not deserve any leniency. 7. With the assistance of the ld. representatives we have gone through the record carefully. The explanation of the assessee for condonation of delay is that when he received notices from the AO, he appointed a tax consultant namely -Mr. Sub .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ondonation of delay and adjudication of the controversy on merit. 8. The ld. DR on the other hand contended that one can appreciate the contention of an assessee availing services of tax expert being not conversant with the Income-tax Laws but when the assessee kept on receiving 12 notices in a row from the AO then at least he should verify why proceedings are not being attended before the AO. This conduct of the assessee reflect an arrogance not negligence. He has no respect for the law and, th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

before the Hon ble Supreme Court as well as of Hon ble High Courts. The Hon ble Courts are unanimous on the point that this expression to be construed liberally. The question before us is whether assessee was actually prohibited by sufficient reasons for not presenting the appeal or he has made a deliberate attempt of not properly handling the income-tax proceedings. At this stage, we would like to refer the assessment proceeding also. It is pertinent to note that where no books of accounts are .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ction (1) of section 142 3 or fails to comply with a direction issued under sub- section (2A) of that section], or (c) having made a return, fails to comply with all the terms of a notice issued under sub- section (2) of section 143, the 4 Assessing] Officer, after taking into account all relevant material which the 5 Assessing] Officer has gathered, 6 shall, after giving the assessee an opportunity of being heard, make the assessment] of the total income or loss to the best of his judgment and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

making of an assessment under this section.] (2) 9 The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988 ), shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of April, 1988 , or any earlier assessment year and references in this section to the other provisions of this Act shall be construed as references to those provisions as for the time being in force and applicab .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

re of assessment and for this purpose he must be able to take into consideration, local knowledge, reputation of the assessee about his business, the previous history of the assessee or the similarly situated assessee. It is also pertinent to mention that judgment is a faculty to decide the matter with wisdom, truly and legally. Judgment does not depend upon the arbitrary, caprice of an adjudicator, but on settled and invariably principles of justice. Thus, in a best judgment, even if, there is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

pearing before the AO. The quasi judicial authorities are being respected not on account of their power to legalise the injustice on technical ground but because, they are capable of removing injustice and is expected to do so. The contention of the assessee is that he being a lay man has handed over the papers to tax consultant who did not file appeals in time. This belief is to be tested on consequential result i.e. by making the appeal time barred what the assessee will achieve. He cannot ado .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ues, procedurally, whenever we find any fault in a proceeding and the impugned order is set aside then the proceedings are required to be started from that stage, in other words, the Tribunal ought to have set aside the issues to the file of CIT(A) for adjudication on merits but this step would only result multiplication of the litigation. The assessment order and the penalty order are ex parte orders. The moment, the assessee will file any application for permission to adduce additional evidenc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

Forum: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Forum: Input Tax Credit - Reg

Forum: GST Invoice

Article: Websites of Government Departments need lot of improvement. We are noticing detoriations in them for example, case of website of ITAT.

Highlight: Levy of additions tax u/s 115O on distribution of dividend - shares of its profits declared as distributable among the shareholders is not impressed with the character of the profit from which it reaches the hands of the shareholder - not to be bifurcated as agriculture and non-agriculture dividend - SC

Highlight: Rate of GST on old and scrap buses - 28% or 18% - at such initial tender process initiated by the Respondents-KSRTC, the present petitions filed by the petitioners are premature and misconceived and do not require any interference by this Court at this stage. - HC

Forum: Rent a cab operator

Highlight: In view of amendment made u/s 132A of the Income Tax Act, 1961 by Finance Act of 2017, the 'reason to believe' or 'reason to suspect', as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal, SC dismissed the appeal of the assessee

Highlight: Validity of Assessment Order - period of limitation u/s 153 (2A) is applicable even if the entire order was not set aside but matter was remanded back for for limited aspects with directions - HC

News: Note ban was a shake-up, achieved its main objectives

Notification: Amendments in the notification No.5/2017- Integrated Tax (Rate) dated the 28th June, 2017.

Highlight: Levying interest u/s 234C - interest is to be charged on the returned income and not on assessed income.

Highlight: Accrual of income - sale of right to develop and sell incentive FSI under LOI - till the conditions of LOI are fulfilled transfer is not complete and income does not accrue to the assessee

Highlight: TPA - determination of ALP - TP adjustment by applying Bright Line Test (BLT) is not sustainable on protective basis having no statutory mandate.

Highlight: Safeguard Duty - Advance License Scheme - as there is no exemption from safeguard duty leviable under Section 8C, which is imposed on the goods imported from China, the importer has to pay safeguard duty

Highlight: Manufacture - process of cutting of waste plastic container - Such plastic containers before and after cutting are nothing but waste / scrap - Not a manufacturing activity as no new product emerges.

News: NITI Aayog and Govt. of Assam organizes workshop on health sector reforms in Guwahati; launches SATH- Sustainable Action for Transforming Human Capital

Notification: Seeks to amend notification no. 5/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of refund on corduroy fabrics

Notification: Seeks to amend notification no. 2/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions

Forum: GSTR 3B Rectification

Notification: seeks to exempt Skimmed milk powder, or concentrated milk

Notification: Seeks to amend notification no. 2/2017- integrated tax(rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions.

Notification: Seeks to amend notification no. 1/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates

Notification: Seeks to amend notification no. 1/2017- integrated tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.

News: Notification Issued For GST Actionable Claim On Branded Food Products

Highlight: Classification printed computer stationary/manifold Business Forms - to be classified under Chapter Heading 4820.00 or under Chapter Heading 4901.90 - items like A4 sheets, advertisement and job card to be classified under Chapter 49

Article: RCM Applicability to persons not liable to get registered us 23(1)

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

Article: 20 Things You must know about E Way Bills in GST Law

Article: MISTAKES IN DRAFTING

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act

Notification: List of Exempted supply of services under the CGST Act

Notification: Rates for supply of services under CGST Act

Highlight: Acceptance of deposits by companies from its members - conditions relaxed in case of Specified IFSC Public company and a private company - Rule 3 amended

Notification: Rate of exchange of conversion of the foreign currency with effect from 8th September, 2017

News: Tax Payers Advised To Confirm Identities Of Income Tax Search Authorities

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012

Notification: The Customs and Central Excise Duties Drawback Rules, 2017

Circular: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg.



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version