chintan
31 May 2011 at 19:01

Notice U/s.143(3)

Notice received u/s.143(3)
Facts are as follows
1.Overview of the Case is below:

one of the partner of the firm introduced cash Rs.25,000 in the A.Y 2008-09 as she has no Bank A/c. and age of 75 years old.she introduced this amount bcoz there was need of the firm of that money.Her source of that money is her Personal Savings.

the AO disallowed this amount on the ground that the proof provided are not satisfy to the AO though there was proper proof are given and AO made additions that Amount to the Firms Total Income

2.Some of the Facts from the Notice as follows:

Additions are made are as follows

Actual Total Income as per Return 34,166

Add: Disallowed Exp.

Tele 2040
Vehicle 6307
Addition on account of Capital
introduced in one of the Partner 25000

Total Amount after addition 67510

and AO cite the Case laws for the Capital Introduced are as follows

Sumati Dayal Vs. CIT (SC) 214 ITR 801
&
Shrilekha Benarji & others Vs. CIT (SC) 49 ITR 112

In view of above, a sum of Rs.25,000 is added to the Total Income. Penalty Proceeding are Separately initiated by the Particulars of Income U/s. 271(1)(c) of the Act.and as on the base of Sec.68.

The Above shown particulars extracted from the Notice

Now my Question are

1.if addition made into the Partner's Capital A/c. Is it Concealment for the Partnership Firm ???? If Yes then on what Basis???????? and If No then on what Basis??????

2. If it is taxable on the hands of the Partner then the Partner is 75 years old lady and she has only income from this partnership firm only Interest and Share of Profit which is exempt u/s.10 after all of the income received her income is below the Taxable income (Basic Exemption Limit) so she no filed Return of Income for that particular A.Y then she will be Liable for the Penalty U/s.271(1)(c)???????????


Please Guide Me as Soon as Possible.

Thanks in Advance











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ASHUSH AGARWAL
31 May 2011 at 15:49

44 AD

Is the limit of section 44AB is not applicable in 44AD as per the new ammedments as it was in 44AE ?

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rocky
31 May 2011 at 00:55

ca+cs practise together

passed ca cs exam having membership of both how can i use both in pactise

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CA. Sanjay Verma
30 May 2011 at 17:32

General Meetings

Is it possible for a company limited by guarantee, to convene and hold extraordinary general meeting before holding adjourned annaul general meeting. The purpose of EOGM is to amend memorandum & articles.

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ASHWIN KUMAR
29 May 2011 at 20:31

completion of airticleship

one of my friend inspite of working in chartered accountant office for four years and completion of group-I in PE-II scheme and group-II in IPCE scheme whether it is necessary to start the airticles once again toappear for final exam.

And while doing the audit, one of company was impressed with his work style offered to work in its company.

Now please tell me what will be the sollution for him to write the final Exam.

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VISHAL SHAH
27 May 2011 at 23:08

TDS on Gold received on rent

my client is dealer in gold and has taken gold of 1 Kg on rent and yearly payment payable is Rs. 240000/-.
whether i required to deduct the TDS on payment of Rs 240000/-?
and under which section TDS is deductible?

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prahlad tanwani
26 May 2011 at 23:33

itr4 for AY 2011-12

what is the difference between ITR4 2010 and now ITR4 2011 in respect of filling up TDS schedule 2 .can now we enter total of all entries (in one 16A) in a single row for a deductor while date wise entries are not required.
if I am having 10 entries in a tds certificate 16A provided by a deductor. Now should I enter these 10 entries separately in 10 rows or its total in one row although now there is no need to make entry date wise. please make it clear urgently because I am going to submit ITR 4 online. thank you.

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Anonymous
26 May 2011 at 20:42

service tax on Restaurant Service

Service tax shall be levied on two condition on restaurant service. first AC furnished and second one is LICENSE to SERVE the Liquor.


the question is whether service tax shall be levied on Temperory licence also???

Like we only provide service of liquor when customer give us L-49.

kindly answered asap.

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Chitesh B Jain

Dear,

I am starting new business of Redimate gurments, i want to registration for TIN no. and CST no pls tell me about process of registration and what chareges ?

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CA Archana Dhamecha
26 May 2011 at 13:07

Online rectification

Is any one filling online rectification under income tax website?

Are you getting any response from the department regarding that?

Department had issued me intimation U/s 143(1) & accordingly I have paid the demand but they issued revised intimation (New intimation contains the word "Revised") with the same amount of demand.

facing alots of problem regarding these matters


Can any one help me out?

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