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ITAT issues guidelines for stay of demand.

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Messages - advsuhail

#1
In this case first of all get up to date your PAN address and u must write both place CIT's.  for transferring your  record you must request to CIT Jaipur and for calling your record to Delhi CIT. You may request Board  attaching both of these letter,s copy for early as well as certain action in this regard.
#2
Through Natural/legal Guardian a minor can open account,perform trading and get gift/ inheritance and he can hold these share and for the betterment trading can be done trough his guardian.
Suhail A. Siddiqui,Advocate 9810043819
#3
Discussion / Re: residential status
December 21, 2011, 09:06:02 PM
Your question is incomplete Pl. furnish, How many days he remain out side India.
#4
agreed with Satyanshi reply, which is complete and in aggremet with I.T.Act,1961
#5
Discussion / Re: requirement of tax audit
July 13, 2011, 11:00:44 PM
My opinion about our question as per Income Tax Act , a professional person should hold professional qualified then he may enjoy professional status in absence of professional qualification , he will be business man. IN this case this person is doing medical Business. therefore, the will be liable for tax audit as per 44 AD. In this regard Income Tax Act,1961 is clear
#6
Kindly furnish all detail about your job, service agreement etc.Civil recovery lawyer may helpful in your case. Contact 9810043819
#7
Although all ITAT banches are representing to a one court i.e. ITAT Tribunal but for convince sack created jurisdiction to so many other problems. Since at the first appellate stage case transfered at Delhi. and  original jurisdiction lie at Chandigarh, therefore, at the second appellate stage jurisdiction will lie at Chandigarh.   
#8
Nothing is provided about Printing by dot matric/ Ink Jet or lazer printer or pre printed form is subject to bank acceptance
#9
Challan N0. 280/281 will applicable as per status of Assessee remark can write at any corner of the challan and need not to tick self assessment/advance tax etc.
#10
Deposit through challan in appropriate bank with the remark tribunal appeal/.... fee
#11
Discussion / Re: car lifetime tax
March 19, 2011, 01:24:04 PM
You can make case in this way since it is very good argument to support you view, otherwise, car tax is a revenue expenditure and it does not add anything to your car except there is no payment further on account tax.and it is not depriciating.
#12
Discussion / Re: recovery - attachment
March 19, 2011, 12:54:42 PM
Mr.Patel
Although there is decided cases far and against of your query.In these circumstances, you must file an application before the Tax Recovery Officer/ITO that u had field Stay application for recover/attachment and fixed for hearing after 4 week time. In the case of RPG Enterprises Ltd. vs. Dy. CIT (2001) 251 ITR (AT) 20 (30) (Bom)
the Tribunal observed: "We are living in a democratic set up and the tax-payers
deserve to be respected for their contribution in the National Development. Public
servants are expected to discharge their functions dutifully but not unreasonably.
The officers are supposed to work diligently but not harassingly.It is absolutely
necessary for the Department of Revenue to gain public trust and confidence by
acting judiciously and avoiding undue harassment. We appreciate the scheme of
rewarding honest and diligent officers of the Department but also feel that there is a
necessity of identifying overzealous officers harassing the tax-payers by misusing
their powers." The Tribunal held that the Assessing Officer is precluded from taking
coercive action for the recovery of the disputed demand until the expiry of the period
of limitation allowed for filing of appeal against the decision of the first appellate
authority and also during the pendency of stay application before any revenueIt is absolutely
necessary for the Department of Revenue to gain public trust and confidence by
acting judiciously and avoiding undue harassment. We appreciate the scheme of
rewarding honest and diligent officers of the Department but also feel that there is a
necessity of identifying overzealous officers harassing the tax-payers by misusing
their powers." The Tribunal held that the Assessing Officer is precluded from taking
coercive action for the recovery of the disputed demand until the expiry of the period
of limitation allowed for filing of appeal against the decision of the first appellate
authority and also during the pendency of stay application before any revenueIt is absolutely
necessary for the Department of Revenue to gain public trust and confidence by acting judiciously and avoiding undue harassment. We appreciate the scheme of rewarding honest and diligent officers of the Department but also feel that there is anecessity of identifying overzealous officers harassing the tax-payers by misusing
their powers." The Tribunal held that the Assessing Officer is precluded from taking
coercive action for the recovery of the disputed demand until the expiry of the period
of limitation allowed for filing of appeal against the decision of the first appellate
authority and also during the pendency of stay application before any revenue It is absolutely
necessary for the Department of Revenue to gain public trust and confidence by
acting judiciously and avoiding undue harassment. We appreciate the scheme of
rewarding honest and diligent officers of the Department but also feel that there is a
necessity of identifying overzealous officers harassing the tax-payers by misusing
their powers." The Tribunal held that the Assessing Officer is precluded from taking
coercive action for the recovery of the disputed demand until the expiry of the period
of limitation allowed for filing of appeal against the decision of the first appellate
authority and also during the pendency of stay application before any revenue
#13
Discussion / CAPITAL GAIN
March 15, 2011, 11:10:19 PM
A is sole owner of residential property, after selling it he get long term capital gain and purchase new house in joint name with his wife:
Is he debarred from exemption u/s 54 F of I.T.Act, ?
Is there any case law in his support?
#14
5.   To act upon the retracted Confession for taxing an amount, the Onus is on the department to prove that the statements made were voluntary and there was no coercion on Assessee.
In this case both parties(Income Tax department and assessee) have to prove  allegation and innocence with evidence.
#15
Sir,
Section 131(1) empower the assessing officer with the powers vested in a court under the Code of Civil Procedure,95 of 1908 in connection discovery and inspection etc. The section 2(17)(d) the Code of Civil Procedure,1908 discussed about powers of officer of  court to administer oath along with other judicial power.  therefore,Income Tax Officer can administer oath