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Archive: 10 December 2017

Posts in 10 December 2017

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 24, 2024 6513 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 4875 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

ICAI Clarifies on Rumors of Reservations in CA course

December 10, 2017 49128 Views 36 comments Print

The Institute has come across certain messages that are being aired in social media that some persons have approached to the Court of Law seeking direction to the Institute for making provisions for reservation in the Chartered Accountancy course.

Addition not justified for mere non-compliance of inquiry U/s. 133(6) & of summons issued U/s. 131

December 10, 2017 10707 Views 0 comment Print

Merely because 133(6) notices issued to the party returned un-served though it was the same address, which was supplied by supplier while filing its income tax return, no fault can be put on the shoulder of assessee.

Payment of Arbitration Award cannot form part of Cost Base for Margin Calculation

December 10, 2017 1056 Views 0 comment Print

ITAT Delhi, last week held that the transaction of making payment of Rs. 95,50,31,150/- (on account of arbitral award) by Hyundai Rotem Company to the DMRC made on behalf of its AE would not part of the margin calculation to be added to revenue and cost for bench marking the international transaction.

Voluminous documents produced by Assessee cannot be discarded merely on the basis of statement of two individuals

December 10, 2017 966 Views 0 comment Print

Pr CIT Vs Paradise Inland Shipping Pvt. Ltd (Bombay High Court) Once the Assessee has produced documentary evidence to establish the existence of such Companies, the burden would shift on the Revenue-Appellants herein to establish their case. In the present case, the Appellants are seeking to rely upon the statements recorded of two persons who […]

Reopening of assessment not permitted if no Failure of Assessee to disclose material facts

December 10, 2017 1560 Views 0 comment Print

Assessing Officer expected the assessee to disclose, and which were necessary for his assessment but not disclosed. Therefore, factually speaking, we find enough weight in the plea canvassed that there has been no failure on the part of the assessee to disclose the material facts as required by the proviso to Sec. 147 of the Act and thus, in our view, the initiation of proceedings by issuance of notice u/s 147/148 of the Act was vitiated.

Section 153C Assessment is without Jurisdiction if documents seized not belongs to Assessee

December 10, 2017 3777 Views 0 comment Print

While dismissing the appeal filed by the revenue the Delhi bench of Income Tax Appellate Tribunal (ITAT) recently held that assessment under Section 153C of the Income Tax Act without jurisdiction when documents seized not belonged to the assessee is invalid.

Allowability of Investment in new asset after furnishing of return U/s. 54

December 10, 2017 1989 Views 0 comment Print

ITAT Ahmedabad clarifies Section 54: Exemption on capital gains for new property. Extended filing, capital gain scheme explained. Case details.

Builders demanding higher Tax Post GST Roll out will deemed to be profiteering

December 10, 2017 2439 Views 2 comments Print

It is advised to all builders / construction companies that in the flats under construction, they should not ask customers to pay higher tax rate on installments to be received after imposition of GST. Despite this clarity on law position, if any builder resorts to such practice, the same can be deemed to be profiteering under section 171 of GST law.

VAT in UAE: Payment of VAT on Imports by Unregistered Persons or Taxable Person without Custom Registration

December 10, 2017 4539 Views 1 comment Print

VAT in UAE – A person who is not registered for Tax in the UAE or who doesn’t hold a Custom Code in his name, imports concern goods in the UAE, has to pay VAT (physically) before the release of goods from customs.

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