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Archive: 10 November 2017

Posts in 10 November 2017

Cabinet approves DTAA between India & Hong Kong Special Administrative Region of China

November 10, 2017 954 Views 0 comment Print

Cabinet approves Agreement between India and the Hong Kong Special Administrative Region of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income

Education Cess also refundable along with excise duty paid when it was not payable: SC

November 10, 2017 7914 Views 1 comment Print

SC held that appellants were entitled to refund of Education Cess and Higher Education Cess which was paid along with excise duty once the excise duty itself was exempted from levy

GST Council prunes the items in 28% tax slab to 50 from 227

November 10, 2017 18906 Views 3 comments Print

The decision of GST Council on pruning of the 28% slab list would be a welcome move for many industries in mass consumption space. In certain cases, it is also likely to bring down the total tax impact even lower than earlier regime which would be a big relief to the industry as well as consumers.

Exemption U/s 54 available on amount invested despite non-completion of construction by builder within prescribed time

November 10, 2017 1089 Views 0 comment Print

ACIT Vs Shri Dilip Ranjrekar (ITAT Bangalore) It was held that despite the non completion of the construction of the new property by the builder, the assessee would be entitled to the benefit of exemption u/s 54 of the Act. We have heard the rival contentions and perused and carefully considered the material on record. It […]

Addition for non TDS deduction not justified if form 15G been obtained

November 10, 2017 1167 Views 0 comment Print

Though the amount was credited to her account in the books of accounts of the assessee, the payment was not made to her and before making the payment and filing the return of income, the assessee had obtained the form 15G and forwarded to the Ld. CIT. Since the recipient was not having taxable income, obtaining form 15G before making the payment would be sufficient compliance and hence, we hold that the addition u/s 40(a)(ia) of the Act does not attract.

In case of rejection of books only AO can made addition only by way of Income estimation

November 10, 2017 3927 Views 0 comment Print

ITA No. 202/Hyd/2015 is the appeal filed by M/s. Sree Nagendra Constructions for the assessment year 2011-12, while ITA No. 167/Hyd/2015 is the appeal filed by the Revenue against the relief granted to M/s. Sree Nagendra Constructions for the assessment year 2009-10.

Rental Income incidental to business of assessee is eligible for deduction U/s. 10A

November 10, 2017 2757 Views 0 comment Print

It was urged that the letting out of space to Infosys BPO Ltd. and BSNL at Chennai were therefore incidental to the business carried on by the assessee and therefore eligible for deduction under Section 10A of the Act.

Deemed Dividend’ not attracted in case of Normal Business Transactions

November 10, 2017 1845 Views 0 comment Print

In Circular No. 19/2017, paragraph 3, the CBDT has also held that trade advances, which are in the nature of commercial transactions would not fall within the ambit of the word advance in Section 2(22)(e) of the Act.

GST Issues Before GST Council

November 10, 2017 4611 Views 0 comment Print

With 23rd meeting of GST Council scheduled for 9-10 November, 2017 to consider various implementation issues and rationalize rates etc, here are few suggestions which ought to be decided by the Council.

AO justified in making addition for unexplained amount deposited in bank

November 10, 2017 2124 Views 0 comment Print

George Alexander Vs ACIT (ITAT Cochin)  The Assessing Officer in para 6 of the assessment order had catalogued the unexplained deposits in various bank accounts. While working out the unexplained deposits in the bank accounts of the assessee, the Assessing Officer had given due credit to the income declared by the assessee in the return of […]

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