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Archive: June, 2017

Posts in June, 2017

Assessment U/s. 153A- In absence of Incriminating material no addition can be made in respect of concluded assessments

June 9, 2017 2919 Views 0 comment Print

Books of account and financials being already part of regular return filed by assessee, same could not be considered as incriminating material found during search and, therefore, AO could not make addition on the basis thereof in respect of already concluded assessments.

No Action Can Be Taken against Tobacco Manufactures under FSSAI Act as it’s not a food product

June 9, 2017 7899 Views 0 comment Print

The only submission made by the learned counsel for the petitioners is that the sale of tobacco would not attract the provisions of the enactment. He further submits that as per Rule 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations Act, 2011, tobacco shall not be used as ingredients in […]

Income from Assignment of patent for exploiting it commercially is Capital Gain

June 9, 2017 1239 Views 0 comment Print

Section 55(2)(a) talks of right to manufacture, produce or process any article or thing. Therefore, as per the amended provisions, the right to manufacture/produce/process would be taxable under the head capital gains and cost has to be taken at Rs. Nil.

Excise Dept To Refund Excessive Fine Imposed 19 Years Ago

June 9, 2017 1026 Views 0 comment Print

The matter is called out for final hearing as the matter is specifically listed for final hearing in summer vacation. Heard the learned counsel for the Petitioner and the learned Government Pleader for the State. 2. The Petitioner which is a private limited company holding FL II license and carrying on business of selling liquor […]

CBDT Notifies new Safe Harbour Regime

June 9, 2017 1119 Views 0 comment Print

In order to reduce transfer pricing disputes, to provide certainty to taxpayers, to align safe harbour margins with industry standards and to enlarge the scope of safe harbour transactions, CBDT has notified a new safe harbour regime based on the report of the Committee set up in this regard.

10 Commandments of Successful Investing

June 9, 2017 2961 Views 2 comments Print

An investor may invest in SIP and when the market continues to fall he will discontinue his SIP. But market crash is the right time to continue your SIP. Because, during the market crash you will get more number of units and the averaging works out in your favour.

University Employee to be treated as Govt Employee for Tax Benefits

June 9, 2017 5613 Views 1 comment Print

If a case falls under clause (i) of section 10(10), the entire amount of death-cum-retirement gratuity becomes exempt. Au contraire, if a case falls under sub-clause (iii) of section 10(10), then, the exemption is limited to the amount as the Central Government may notify in official gazette.

Order No. 98/2017: Postings / transfers in the grade of ACIT/DCIT

June 9, 2017 1185 Views 0 comment Print

The following Postings / transfers in the grade of Assistant / Deputy Commissioner of Income Tax are, hereby, ordered with immediate effect ans until further orders –

Indian Ethos Resonates with World-View

June 9, 2017 972 Views 0 comment Print

The vivacious culture of India is elevating to the entire planet, both humans and nature. Down the memory lane, Indian culture has manifested in various realms across Asia and beyond and is still found flourishing overseas. The Government of India has been reaching out to dozens of countries to bring out this lost link and to give a glimpse of India though a series of India Festivals in respective countries.

House property Income cannot be assessed as business Income without valid reasons

June 9, 2017 2262 Views 0 comment Print

Supreme Court in the case of Raj Dadarkar & Associates vs. ACIT [2017] 81 taxmann.com 193 (SC) has clearly held that in case the provisions of Section 22 are applicable the property is to be assessed as income from house property.

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