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Archive: 30 May 2017

Posts in 30 May 2017

Failure to specify exact charge in section 274 notice makes it invalid

May 30, 2017 1767 Views 1 comment Print

Notice issued under Section 274 must reveal application of mind by the Assessing Officer and the assessee must be aware of the exact charge on which he had to file his explanation. It was further observed that vagueness and ambiguity in the notice deprives the assessee of reasonable opportunity to contest the same.

Distribution of GST Provisional Id and Access Token of Phase 5 dealers

May 30, 2017 4806 Views 0 comment Print

Provisional Ids and Access Token of Phase 5 dealers, are now made available by GSTN. Dealer can obtain their Provisional Ids from department’s portal www.mahavat.gov.in, using their login credentials.

Contribution to PF under EPF Act allowable despite non recognition from I.T. dept u/s 2(38)

May 30, 2017 5661 Views 0 comment Print

In a significant ruling, the ITAT Delhi held that approval by the Commissioner of Income Tax is not a mandatory requirement to allow deduction of contribution towards EPF under section 38(1)(iv) of the Income Tax Act when the assessee has framed the scheme under the Employees provident Fund Act, 1952.

Income from letting of Commercial property with various amenities is business Income

May 30, 2017 10464 Views 1 comment Print

Challenging the order dated 3-5-2013 of the Commissioner (Appeals)-7, Mumbai, the assessing officer (AO) has filed the present appeal. Assessee-company, deriving income from house property, filed its return of income on 18-10-2007, declaring loss of Rs. 1.5 crores. The assessing officer completed the assessment, under section 143(3) of the Act, on 4-12-2009, determining its income at Rs. (-)9.46 lakhs.

Disclosure for Issuance & Listing of Green Debt Securities

May 30, 2017 2124 Views 0 comment Print

SEBI (Issue and Listing of Debt Securities) Regulations, 2008 (“SEBI ILDS Regulations”) , govern public issue of debt securities and listing of debt securities issued through public issue or on private placement basis, on a recognized stock exchange.

Legalizing betting & gambling- Law Commission invite suggestions

May 30, 2017 447 Views 0 comment Print

The Supreme Court, in Board of Control for Cricket in India v. Cricket Association of Bihar & Ors., (2016) 8 SCC 535, mandated the Law Commission of India to study the possibility of legalizing betting in India, inter-alia, observed thus

Penalty Order not become Invalid for mere wrong quoting of section

May 30, 2017 4440 Views 0 comment Print

The Delhi ITAT, in a recent ruling, held that imposing penalty by quoting wrong section would not itself make the entire proceedings invalid if the assessee had not raised any objection during pre-assessment stage and has co-operated with the proceedings.

Submission of SFT relating to issue of Bonds for ₹ 5 lakh or more- Reg.

May 30, 2017 819 Views 0 comment Print

It is observed that a few Agency banks were submitting Annual Information Returns (AIR, now changed to SFT) in respect of Savings Bonds to Income Tax Authorities as well as to RBI.

Understanding Basics of GST

May 30, 2017 9684 Views 0 comment Print

GST is a Single tax rate for a product or service in any part of the country (except J&K). The following 17 different indirect taxes will be subsumed under GST

Bogus share capital: Discharge of Onus & Law on not giving cross-examination

May 30, 2017 3324 Views 0 comment Print

if relevant details of address or PAN Identity are furnished to the Department along with the copies of shareholder register, share application form, share transfer register etc, it would constitute acceptable proof or acceptable explanation by assessee.

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