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Archive: November, 2017

Posts in November, 2017

Value declared in Wealth Tax Return cannot be taken as Cost of Acquisition

November 12, 2017 1533 Views 0 comment Print

Court is satisfied that no error was committed by the ITAT in holding that the value declared in the tax return filed by the Assessees under WTA cannot be taken to be the cost of acquisition in the hands of the Assessees.

AO cannot treat allotment letter as fake in absence of any evidence

November 12, 2017 1764 Views 0 comment Print

The Income Tax Appellate Tribunal (Mumbai) has held that, Income from Capital Asset is Capital Gain and not business Income even if Assessee was regularly booking Flats and Selling the same. Any kind of Income from Capital Assets held by the Assessee whether or not connected with his business of profession earned must be treated as capital gain.

Limitation period U/s. 264(3) begins from date of receipt of intimation U/s. 143(1)

November 12, 2017 2196 Views 0 comment Print

The challenge in this writ petition is to an order dated 21-12-2016 passed by the Principal Commissioner (PCIT) rejecting the Petitioners application under section 264 of the Income Tax Act, 1961 (Act) on the ground of limitation.

Govt subsidy not related to any specific assets cannot be reduced from cost of asset

November 12, 2017 2223 Views 0 comment Print

Receipt of grant from US Aid through ICICI to create an institutional environment for technological innovations could not be regarded as meeting of cost of specific asset by Central Government or State Government or any authority established by any law in India or any other person, so as to cause Explanation 10 to section 43(1) get attracted to assessee’s case.

Compensation received for providing amenities is taxable as income from house property

November 12, 2017 7227 Views 0 comment Print

Receipts towards amenities are to be considered as part of rental income. However, the expenses incurred towards security service and pantry services are not connected to the rental income and hence, they should be deducted from the receipts from amenities.

Rental Income from Real Estate Business is Business Income

November 12, 2017 3237 Views 0 comment Print

Moreover, if the action of the AO is confirmed the assessee will be claiming additional deduction u/s 24 @ 30% in addition to the business and administrative expenses as the assessee is in the real estate business and the income of the assessee will be assessed lower than the returned income.

Standardized PPT on UAE VAT

November 12, 2017 9642 Views 0 comment Print

The first major tax reform i.e., implementation of VAT from January,2018 in UAE is going to be a game changer. To keep the members and other stakeholders abreast Indirect Taxes Committee of ICAI has launched Standardized PPT on “Vat in the UAE” for the benefit of members and other stakeholders. In this standardized PPT attempts […]

Share premium cannot be treated as capital employed for Section 35D: SC

November 12, 2017 1972 Views 0 comment Print

The appellant contended therein that it had issued shares on a premium which, according to them, was a part of the capital employed in their business. The appellant, therefore, contended that it was on this basis it claimed the said deduction and was, therefore, entitled to claim the same under Section 35D of the Act.

Key Take-aways from 23rd Meeting of GST Council

November 12, 2017 31647 Views 11 comments Print

1. Changes recommended in Return Filing Dates: i. All taxpayers (except Composition supplier) would be required to file return in FORM GSTR-3B along with payment of tax by 20th of the succeeding month till March, 2018. ii. Timeline for filing the details of return in Form GSTR-1 is proposed to be as follows: a. Taxpayers […]

Whether Services of Warehousing Processed Tea Attracts GST?

November 12, 2017 9057 Views 5 comments Print

I would like to discuss that whether processed tea falls under the definition of ‘agricultural produce’ or not? Or whether by way of a circular, tea can be excluded from the ambit of the ‘Agricultural Produce’.

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