"04 December 2017" Archive

Confusion or Composition Scheme; Under GST!

Krishna, For which reasons, Composition Scheme under the GST has been brought? Arjuna, For Small taxpayers, it was very difficult to comply with provisions of Act and so many rules....

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Penalty U/s. 271(1)(c) not justified based on mere high stamp duty valuation of property

The Income Tax Officer Vs. Shri Ajay Sharma (ITAT Delhi)

Where assessee had offered actual amount received on sale of property for taxation, revenue authorities were not justified in passing penalty order under section 271(1)(c) by adopting higher sale consideration under section 50C on basis of stamp duty valuation of said property...

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SEBI amends Categorization of Mutual Fund Schemes

Circular No. SEBI/HO/IMD/DF3/CIR/P/2017/126 04/12/2017

With respect to the Medium Duration Fund and Medium to Long Duration Fund (sr. no. 7 and sr. no. 8 of Section B of the Annexure to the Circular), the characteristics of the scheme shall remain the same under normal circumstances as stated in the circular dated October 6, 2017. ...

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Special Court for speedy Trial of Company Law offences in Karnataka State designated

S.O. 3804(E) 04/12/2017

LIX Additional City Civil and Sessions Judge, Bengaluru City is designated as Special Court for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under section 435(1) of the Companies Act, 2013...

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Form CRA-4 filing due date extended to 31st December, 2017 by MCA

General Circular No. 15/2017 04/12/2017

The Ministry of Corporate Affairs has received several representations about extension of the last date for filing of Form CRA-4 without additional fees on account of Companies (Cost Records and Audit) Amendment Rules, 2017 and other reasons. The matter has been examined and it has been decided to extend the last date for filing of Form C...

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Withdrawal of Appeal cannot be denied except when appellant obtained some advantage which he seeks to retain

M/s Sainath Enterprises Vs. ACIT (ITAT Mumbai) (Third Member)

It is now well settled that a petitioner / plaintiff is the dominus litis and it is open to him to pursue or abandon his case. Withdrawal cannot be denied except when the person making the prayer has obtained some advantage / benefit, which he seeks to retain....

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Companies (Filing of documents and forms in XBRL) Second Amendment, Rules, 2017

G.S.R.1480(E) 04/12/2017

In exercise of the powers conferred by sub-sections (1) and (2) of section 469 read with section 398 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Rules, 2015...

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MahaRERA: Co- Promoter is known as Promoter (Land owner/ Investor)

MahaRERA Circular No: 13/2017 04/12/2017

Whereas, for the case of filing online registration application and for the benefit of consumer it was necessary to distinguish and/or identity whether such Promoter is the land owner, investor OR is the one who has actually obtained/ obtaining the building permissions for carrying out the construction and has been/ is in fact carrying ou...

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MahaRera: Land Owners/ Investors having Area/ Revenue Share in Real Estate Project to be treated as Promoter (landowner/ investor)

MahaRERA Circular No: 12/2017 04/12/2017

(1) Such individuals/ organizations who fall within the aforesaid definition of the term 'Promoter' on account of being landowners or investors, shall be specified as such, at the time of online registration with MahaRERA....

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May be Right Thing done in Wrong Manner

Mayurbhai Mangaldas Patel Vs. Income Tax Officer (ITAT Ahemdabad)

Background It is a matter relating to validity of re-opening of assessment on a technical ground in the case of Mayurbhai Mangaldas Patel v ITO. The learned Ahemdabad ITAT Bench has noted all the facts and circumstances of the case and the law as applicable in very clear manner. It has kept some issues open […]...

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