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Discussion / Re: Objection/Return in response to Notice 148
« Last post by Jyoti Gupta on April 16, 2018, 04:14:05 PM »
In my opinion, first you should file return in response to notice u/s 148, with interest income only. Kindly consider the fact that, if return is not filed in time, then other consequences may arise like interest u/s 234B, penalty for not filing the return etc.

Thereafter submit the return along with a letter, stating that the notice is without jurisdiction and the return is filed under protest. Vide the letter also ask for the copies of reasons recorded. After receiving the reasons, objections can be filed.

Various objections can be placed, like:
* Notice is without jurisdiction,
*No approval taken
* Reasons recorded are bad in Law.

Reply can be filed online after logging in your account on You can attach the reply after signing the same.

Jyoti Gupta
Discussion / Objection/Return in response to Notice 148
« Last post by RS26 on April 14, 2018, 01:41:33 PM »
Dear Sir,

Can you please tell me how can I digitally raise Objection to 148 proceeding?
I did not have salary income in FY 2010-11 only interest income which did not exceed 1 Lakh Rupees.
Now I have received a Notice 148 for AY 2011-12.
I am collecting interest certificates of this period and summing up the total interest income will e filling of the income tax return digitally for AY 2011-12. Even though the tax is zero. Is there something that I should be careful about?

Can I raise an objection to 148 proceeding digitally, if so how can I do it? In grievance section?

Discussion / Re: return in response to notice u/s 148
« Last post by RS26 on April 14, 2018, 01:34:50 PM »
Dear Sir,

I have received a notice under section 148 of the income tax department.
I had not filed income tax return in Year 2011-12 because I was not working during this time. Additionally, my interest income from Fixed Deposits did not accumulate to 1,90,000 Rs during this period.

The compliance sheet mentions only time deposit exceeding Rs 2 lakhs with a banking company and TDS Return - Interest other than interest on securities (Section 194A). This information is not sufficient for to me. My CA has asked me to collect all interest certificates from the banks during this time period. Because these is interest income which is not mentioned in Form 26A.

Can you please let me know how can I digitally raise Objection to 148 proceeding.
Should I file income tax return from the interest income although it is not mentioned in Form 26AS.

Please help. Thanks
Discussion / taxation of apartment owners association
« Last post by ketanvyas1975 on March 31, 2018, 11:38:34 AM »

I have certain queries for the learned members on this forum to ponder upon. I have already been given divergent views on this and hence I thought it would be gainful to post these queries on this forum.

(1) Is residential apartment owners association an AOP or a housing society? The tax slab in both the cases will be different. I understand that an AOP can be formed only with an intent of commercial activities whereas apartment owners association is not run with any commercial intent.

(2) Will it make any difference if such apartment owner association is registered or not registered?

(3) It is undisputed that the income earned from members will be exempt on the ground of mutuality principle and income earned from non-member will be taxable as held by Supreme Court in case of Bangalore Race Club. If such apartment owners association has FD interest income of Rs. 2,00,000/- from nationalized banks, will be taxable or basic exemption limit of Rs. 2,50,000/- available to AOP will be available?

(4) is there any direct judgments of court and tribunals available on this? if yes, please provide me relevant citation.

Thank you in advance to all learned members.

Discussion / 271FA penalty - neither it is appealable nor for waiver.
« Last post by srinu on March 30, 2018, 03:29:53 PM »
The grievance of SFT filer that 271FA or 271FAA penalty levied rws 285BA is not an appealable order nor can request for waiver. Why...
In last few months only, some of the very good, learned, stalwarts, knowledgeable members, like Mr. P.K.Bansal, D.T.Grasia and B.P Jain have retired from the ITAT. It is a great loss to practitioners like us, who dont have any God father in judiciary. I have seen the proceedings of courts in the court of Mr P.K.Bansal, he never bothered about who is standing in front of him. He always concentrate on facts and issues and do the justice. Similarly Mr B.P.Jain, for him I have to say that it is true that tax and equity are strangers to each other but if one has to see how equity can be applied in small SMC cases then he must read the judgments authored by Mr. B.P.Jain. Most of the time he has sat in SMC in Delhi and has granted relief to every assessee without even looking at the face who was representing the assessee. One day I ask him Sir you have allowed extra ordinary relief he said that here after the order of SMC there is no scope of any further appeal for department in High Court and when a poor assessee has come up to this level then it is his moral duty to grant him relief as much as possible. For these type of people the law of newton that is to every action there is equal and opposite reaction would say that these persons would get good opportunities after retirement and will not lost in the dust of world like Mr Bedi has lost.  That is why I am of the view that it is big loss to the ITAT. In the capacity of Senior panel Counsel of Union of India I would suggest the Law Ministry to grant them further extension on contract basis if possible.
With this I will close now. But I must say one thing that here are some  negative, arrogant and Bedi like people still there , who thought that they are the custodial of revenue and wont provide relief to any body. I have made a list of them. After having inquiries from my own sources I found that all such persons or their family members are suffering from serious diseases. So Newton law is also coming to them, once  grate Osho has said in his lecture that what ever you give to this nature it will come back to u in double of that. If one would give tension then he will receive double tension if one would give relief then he will get double relief that is the law of nature.   
Discussion / Reopening - incorrect facts and supplemental reasons
« Last post by rajul5234 on March 25, 2018, 09:26:11 PM »
Guj. HC. R/SCA 21030/2017. Mumtaz Haji. Dt. 21/3/2018

Held, Even if s.143(1) is applicable, reopening on incorrect facts and supplemental reasons in affidavit in reply is not permissible.

R K Patel
Discussion / Reopening - 2nd notice
« Last post by rajul5234 on March 25, 2018, 09:21:17 PM »
Gujarat high court. SCA 17698/2017, dt. 7/3/2018. Marwadi shares and finance

held, second notice u/s 148 without withdrawal of first notice of reopening invalid.

R K Patel
Please see kerala high court decision reported in 167 ITR 103 and Gujarat high court decision in 118 taxman 526.....
Thanks for the helpful note. Is there any case law on this?
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