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Lease Finance of Vehicle : Lessor is Owner !

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In case of lease finance of vehicle, the question of claiming depreciation has been a controversial issue. Earlier a decision of Delhi High court that depreciation allowable to lease finance company was published on this blog.Actually , the controversy arises out of  the question of ownership of vehicle during the period of lease. For claiming the depreciation, one of...

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Neither Advance Tax nor TDS Proof of Disclosure of Income: Supreme Court

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Mere payment of advance tax or tax deducted at source on any income can be argued as an evidence that a tax payer has disclosed the income , so held in a landmark judgment by Supreme Court in ACIT , Chennai vs A.R Enterprises [2013] 29 taxmann. com 50 (SC). The Apex Court decided in favour of income...

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RTI :Tax Return Details Exempt From Being Disclosed !

RTI

Income Tax returns contains various details about a person , ranging from date of birth , father name to financial transactions . Right to Information Act has a provision u/s 8(1)(j ) which exempts certain personal information  from being disclosed.  Supreme Court in a very recent decision in case of Girish Ramchandra Deshpande vs CIC...

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SC: No Concealment Penalty if Total Income Assessed u/s 115JB

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When the total income is determined u/s 115JB of the Income Tax Act , penalty proceeding u/s 271(1)© can not be imposed . The Delhi High Court order in CIT vs Nalwa Sons Investment Ltd [2010] 194 Taxman 387  has become finality as Supreme Court has quashed Special Leave Petition by Income Tax department in...

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Penalty:Supreme Court Sets 4 Major Principles !

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Penalty u/s 271(1)© of the Income Tax Act is initiated  by assessing officer , usually when he makes addition while computing total income in an assessment proceeding u/s 143(3) .The proceeding u/s 271(1)© is challenged more than the assessment by A.O because while the additions are done on technical grounds , many time , the...

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