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Income Tax :
Additional grounds and document not submitted before AO is allowed and remitted to file of AO for reconsideration
of DCIT, Circle 1(1), New Delhi in treating a sum of Rs. 36,00,000/- representing income from joint
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Income Tax :
Intimation u/s 143(1) cannot be disturbed subject to the reason recorded by AO
Brief facts of the case are that assessee was running a proprietary business as whole seller at Nain
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Income Tax :
AO cannot make any addition without giving adequate opportunity to assessee
The assessee has raised various grounds in its appeal. However, at the time of hearing before us, th
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Income Tax :
Opportunity to explain source after non responding to subsequent notices by AO
Facts, in brief, as per relevant orders are that return declaring income of ``1,12,277/- beside agri
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Income Tax :
Sending of submission of assessee to AO for remand report is enough to avoid contravention of rule 46A
During the year the assessee company had raised unsecured loans of ` 96,65,438/-, the source of whic
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Income Tax :
Without supporting indexation benefit cannot be denied by AO
On the facts and in the circumstances of the case and in law, the ld CIT(A) erred in deleting the ad
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Income Tax :
Lack of effort from AO to verify creditors is not the part of fault of Assessee
The AO called the assessee to explain why the above claim of unsecured loan from the above three per
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Income Tax :
Once registration is granted, it is for the AO while framing assessment to consider the other provisions of the Act
At the outset, it is to be mentioned that none present from the assessee side but after going throug
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Income Tax :
In case of any additional evidence matter should be restored to the file of the AO
Briefly stated, the facts of the case are that the assessee filed his return for AY 2006-07 on 31.3.
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Income Tax :
CIT has the power to remit the matter to the file of AO if satisfied the needs of reconsideration
In this case Assessing Officer noted that assessee had not attended proceedings in response to the n
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Income Tax :
AO can reassess issues other than the issues proceedings were initiated but he was not justified when the reasons for the initiation of those proceedings ceased to survive
On the facts and in the circumstances of the case as well as in law the Ld. Commissioner of Income T
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Income Tax :
AO should made proper classification before making addition and in PF condition under section 43B to fulfill to avoid addition
The circumstances of the case the Ld. C.l.T(A) was not justified in confirming the addition of Rs. 1
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Income Tax :
AO has to determine amount of such expenditure on the basis of a reasonable and acceptable method of apportionment to disallow under sec 14A
The only issue for consideration relates to disallowance u/s 14A of the Act. The facts of the case s
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Income Tax :
AO to disallow under sec 40A((2)(b) should establish that the benefits given to the related party more than the faire market value
Facts, in brief, as per relevant orders are that return declaring nil income after adjusting brought
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Income Tax :
Accepting the additional evidence without calling remand report of AO is the violation of Rule 46A of the IT Rules
The facts filed before the first appellate authority indicate that the assessee was retired from Min
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Income Tax :
AO can made addition under sec 14A read with rule 8D the dividend received from investment out of surplus fund
This appeal of the assessee is directed against the order passed by the CIT (A)- IV, New Delhi, date
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Income Tax :
AO cannot make addition after maintaining complete books of account with the Tax Audit report only on the basis of entries made on 31st March
The brief facts of this issue are that while doing the scrutiny assessment Assessing Officer has add
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Income Tax :
As per Article 26(3) of Indo-US DTAA the AO cannot seek to invoke the provision of sec 40(a)
The facts as stated in the order of Assessing Officer as well as CIT(A) are that the assessee is in
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Income Tax :
CIT must give proper opportunity of being heard to AO to explain the reason of his decision
At the time of hearing before us, the ld. DR appearing on behalf of revenue by pointing out the vari
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Income Tax :
As per sec 68 if the assessee fails to provide the details of credit worthiness of creditor than AO can treat the loan as income
The facts in brief are that the AO during the assessment proceedings noted from details of unsecured
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