vijayasathya
25 May 2009 at 10:29
Dear Friends,
kindly Let me clarify on the following,
My Client is a govt.civil contractor and he is subjected to Tax audit u/s.44 AB of the IT Act.The Asst.was completed by the A.O.u/s. 143(3)due to non-production of books of accounts even after 5 or 6 notices.But the assessee asked for time extention to produce the books of accounts due to misplacement of the same.The A.O. denied and demand notice was sent along with the asst.order for Rs.13 lakhs.The Assessee preferred an appeal before the CIT (A).On the hearings of the CIT (A) the books were found and produced before the Hon`ble CIT (A).The CIT (A) remanded the case to the A.O. for the correctness and completness of the books.I,as POA produced the books ,before the A.O.on 16/03/2009.Again The A.o.Asked for further more evidence which the same was produced on 19/03/2009.On 04/05/2009 Ie.after a month the A.o.by in his remand report surprisingly invoking the provisions of Rule 46 (1) a to D of the IT Rules that he is not supposed to be admitted the Addtional evidence produced by the assessee where sufficient oppurtunity were given to the assessee on the proceedings of the assessement.
My query to your goodself is,
(1)Why the Learned A.O.has not refused the addtional evidence ( Here Books of accounts) at the first instance by invoking the said rule.
(2) Could I argue that since the A.O. called for the hearing on the matter of the said remand report,it is implied that he has admitted the addl.evidence sought for on the dates of 16 th & 19 th of march 2009
(3) Can I adduce that the addl.evidence meant in the said rule does not apply to the books of accounts.B`cos books of accounts is the PRIMARY EVIDENCE WITHOUT WHICH THE TRUE INCOME can`t be arrived.
Your co-operation at this crucial juncture is very much appreciated. Also I need anu case laws citation or rulings in this regard
Thanking You,
R.Vijaya Sathya,
Advocate
shail
23 May 2009 at 13:14
Is it compulsory to make gift deed in case of gift of money through cheque by close relative?
Is it required to be made on stamp paper?
Is affidavit required to be made for such gift?
Is compulsory to noterize gift deed?
pratik
23 May 2009 at 12:39
Hi,
To All The Experts
I Would like to know the difference between the section 147 & 148 of the income tax act, 1961.
1.) Also Would like to know what do u mean by speaking order under section 148 or 147 of the income tax act, 1961 given by the assessing officer.
2.)what do u mean by the figure indicate below:
Ward / Circle 25(3)(4) so what is the meaning of the figure indicating under the cirle i.e. (3) (4)& also 25 what do u mean by this numbers a detail explanation required please with an example.
pratik
23 May 2009 at 10:31
Difference Between Section 282 & 131 Of The Income Tax Act, 1961. Who can send to whom,why & what is the time limit if any.Detail Information regading the above matter with a suitable example.I.E.(regarding summons & service of notice) & if the files is send with the detail information then please send it in a word format a kind request as working under a ca firm this will matter me a lot please help me as far as possible.
Thanking You In Advance
To All Experts.
PRACHI
22 May 2009 at 15:00
I want to know what is the billing method of Civil Contractor. The bill comprises of civil work, furniture work, painting work and demolition work. I want to know how vat is levied and if the receipts are less than Rs.10 lacs, service tax number is necessary
PRACHI
22 May 2009 at 14:58
I want to know what is the billing method of Civil Contractor. The bill comprises of civil work, furniture work, painting work and demolition work. I want to know how vat is levied and if the receipts are less than Rs.10 lacs, service tax number is necessary
Sudheer J. Sarvate
22 May 2009 at 00:06
Sir,
From Chennai we want to issue form H to the dealer out of Tamilnadu for the Financial Year 2005-06.
Can we issue a single form for the full year?
please guide.
Prashant
20 May 2009 at 09:26
I am getting monthly reimbursement of medical to the tune of Rs 1250/- so not exceeding Rs 15000/- p.a. Now my query is can I claim this as an exemption while filing of my return even if I do not produce the medical bills to my employer because since reimbursement of medical is taxable under FBT upto Rs 15000/- and over and above Rs 15000/- is taxable in the hands of employee. So when upto 15000/- it is liable for FBT do I have to produce the medical bills to company to claim exemption or simple declaration is sufficient. Suppose if I dont produce the bills still will it be taxed in my hands as well as taxed under FBT.
Thanks in advance
Prashant
20 May 2009 at 09:23
We are Pune based listed limited company. We have 17 marketing branches all over India and the employees are recruited in the branches. We are processing all the branch employees salaries from Pune and transferred to them. While doing so we are not deducting profession tax from salaries of employees of certain branches because Profession tax is not applicable in that particular state where our branch is situated. So is it right that although salary is paid from Pune i.e. from Maharashtra state but Profession tax is not deducted.
Can anyone give us the correct legal provisions under the Maharashtra State Profession Tax.
Similalry if profession tax is applicable in the state in which our branch is situated in that case do we have to deduct Profession tax as per that state tax laws or Maharashtra state laws. If it is to be deducted as per that state tax laws how to deposit the same in Maharashtra?
Thanks in advance
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Time Limit for disposal of Show Cause Notice
Can any of the friends advise whether there is any time limit for the disposal of show cause notice issued by the Service Tax Commissioner? Is any order to be issued by them for dropping the SCN?