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Messages - mohiticai

Dear pillysingh is right... for the members new faces are soft targets where they get a good chance to pass orders in favour of department against the guilt of passing favourable orders in case of assessees appearing with favourite counsels. In turn the orders are based not on merit but based on the relations of person appearing with the member 
Discussion / Re: Taxability of Gift to Son
June 13, 2012, 06:29:15 PM
Mr Srinivasan is right, if the house gifted to son is not used for residential purpose and is used for further earning income by way of rental income or otherwise, such income will be clubbed if son is minor
Discussion / Re: Reference to Valutation Officer
June 11, 2012, 12:08:08 PM
Even if valuation is done and the difference in valuation as per books of accounts and valuation is less than 10%, the same is to be ignored and action  could be taken only if the difference is more than 10%
Discussion / Re: Reference to Valutation Officer
June 11, 2012, 12:06:10 PM
Secondly there must be some incriminating material in the hands of AO to form an opinion that any investment is made outside the books of accounts... i.e he has found some construction bills which were not entered in the books of accounts... and for that purpose he should have seen the books of accounts before referring the case for valuation...
Discussion / Re: Reference to Valutation Officer
June 11, 2012, 12:03:14 PM
First of all check whether any proceedings were pending or any new proceedings were initiated before referring the case for valuation as 142A starts with for the purpose of any assessment or reassessment... therefore there must be some case pending for assessment or reassessment at the time of referring to valuation officer. So first check whether any notice u/s 148 was issued before making such reference....
Discussion / Re: religious activity - section 80G
June 09, 2012, 05:30:52 PM
Yes I agree, you are right Hinduism is not like a trade unions.....  and in my opinion it is good thing about this religion. Let the Income Tax department take away tax exemption , Hinduism prefer to forego exemption than  to become  a trade union.
Discussion / Re: Independence of CIT(A)
June 08, 2012, 01:22:25 PM
You r right that the CIT(A) passes the order under the provisions of Act and even he passes the order against the provisions of the Act , the same may be challenged with higher authorities. But the problem is that in many sensitive cases with huge demand where the department case is weak CIT(A) under pressure, prefers not to take up the case and the file remains in the backlog. In such case the assessee has to face harassment as his money by way of unwarranted taxes gets blocked with the department and further he has to get his books scrutinized every year under compulsory scrutiny being his high demand case pending in scrutiny. And every year the unwarranted addition based on the pending matter with CIT(A) is made ........     
Discussion / Independence of CIT(A)
June 07, 2012, 05:08:25 PM
The CIT (Appeal) reports to CCIT, who has revenue collection target. How can CIT(Appeal) be fair in his approach?
Discussion / Re: religious activity - section 80G
June 07, 2012, 04:36:21 PM
which certificate does the other religion possess that hinduism does not possess. This mankind was not born with certain certified religions. It is only the by practice and faith of of people that religions are recognized. There is no definition or criteria of religion that a faith has to fulfill to call it a religion. If people have faith in sun, moon & air and they believe that the mankind cannot survive without the energy of sun , moon & air , then what is wrong in it, it is a universal fact. If worship of a book is a organised & hierarchical religion then, worship of the energies that gives life to mankind is no doubt a religion.
Discussion / Re: religious activity - section 80G
June 06, 2012, 06:16:53 PM
A deduction under Indian income tax act at least cannot be based on religion. view regarding allowing deduction to one religion and not other based on one's perception that one religion is more organised than other is really disappointing. 

It is more dangerous to have such thoughts in the society than to allow  a wrong deduction under income tax act.
 An important aspect is that during survey operation u/s 133A depatrment is not empowered to take statement on OATH. It is only during search operation that department can take statement on OATH.
Yes , statement can be retracted if there is nothing on record for the department to substantiate  that the statement given by the assessee was true.  ;)
Discussion / Re: SATISFACTION
June 05, 2012, 06:56:48 PM
most of the AO's have one point agenda for satisfaction , which cannot be discussed on website. ;) 
Discussion / Re: religious activity - section 80G
June 05, 2012, 02:32:46 PM
when we talk about religion , it means faith of public... one cannot make a standard definition of religion. thus is very common that a person who does not have faith in a particular religion will criticize the activities of that religion, more particular in our Indian society. However, a judge is not a person but an institution and thus he cannot issue judgments on personal beliefs and sentiments. Thus , whenever, it is to be decided whether an activity is a religious activity or not it is to be seen that whether in society the particular activity is considered as religious activity or not. There is no specific definition of religious activity to rely on under the Act.   
Discussion / Re: Taxability of Gift to Son
June 04, 2012, 03:42:07 PM
No tax on gift to son whether he is major or minor.
Discussion / Section 153A & notice 143(2)
June 01, 2012, 08:00:13 PM
Views on the decision of Delhi High Court regarding non requirement of issue of notice u/s 143(2) for assessment u/s 153A.