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Archive: December, 2017

Posts in December, 2017

Reopening based on Change of opinion is invalid; HC dismisses Appeal in Airtel case

December 25, 2017 1101 Views 0 comment Print

This Court is of the opinion that the ITAT’s impugned order is unexceptionable because it is premised upon the circumstance that in the absence of any fresh tangible material, it was not open, on mere re-appreciation of the existing circumstances, to reopen the concluded scrutiny assessment. The ITAT’s reasoning cannot, therefore, be faulted.

Purchase of property from defaulting Sales Tax Dealer not liable for his Sales Tax Arrears in absence of charge over property by Sales Tax Dept.

December 25, 2017 2256 Views 0 comment Print

Noor M. Saied Vs. The Commercial Tax Officer (Madras High Court) Petitioner has purchased the property for valuable consideration and in the absence of charge over the property by the Sales Tax Department, the petitioner cannot be made liable to pay alleged arrears of Sales Tax for the defaulting dealer and for such reason, the […]

S. 147 / 148 Non disposal of objection raised makes reassessment invalid

December 25, 2017 3888 Views 0 comment Print

M/S Veer Vardhman Finance Investment Pvt. Ltd. Vs. DCIT (ITAT Delhi) As AO has not passed the speaking order in disposing of the assessee ‘s objections against the notice u/s. 148 of the I. T. Act, before proceeding with the assessment, hence subsequent assessment order is bad in law and deserving of being quashed. Full […]

Amount payable on fulfilment of conditions has to be excluded while computing capital gains

December 25, 2017 2460 Views 0 comment Print

Unless, a debt due by somebody has been created in favour of assessee, it cannot be said that he has acquired a right to receive the income or that income has accrued to him. An amount can accrue to assessee if he acquires a legally enforceable right to receive it from the debtor.

Taxability of subsidies: SC stays judgement of Delhi HC in Bhushan Steels

December 25, 2017 2349 Views 0 comment Print

Tax ability of subsidies: Supreme Court stays judgement of the Delhi High Court in CIT vs. Bhushan Steels And Strips which held that if the recipient has the flexibility of using it for any purpose and is not confined to using it for capital purposes, the subsidy is revenue in nature and is taxable as profits

Accounting Treatment of Spare Parts

December 25, 2017 93412 Views 5 comments Print

Now, it is very imperative to ascertain the treatment of transitional provisions as well the treatment of future purchases of such spare parts under Income Tax Act. The Income Tax Act does not provide for any particular definition of capital asset or fixed asset

Combining various EPF accounts through UAN

December 25, 2017 6369 Views 6 comments Print

Currently UAN (Universal Account Number) has become mandatory for every employee and UAN remains portable throughout the lifetime of an employee and they don’t have to apply for PF transfer claims at changing jobs, because merely providing your UAN number to your new employer shall be sufficient so the employees starting their career afresh have the benefit of UAN which was launched in 2015.

CBEC: Manipulative law & devious interpretation cannot be hallmark of a just taxation regime

December 25, 2017 2034 Views 2 comments Print

The law needs to be transparent & implemented in a just manner & there are no two ways about it. However, the miraculous Indian bureaucracy does not believe in this basic tenet. The law is written in such a difficult manner that the lawmakers in themselves are not clear that what is the true intention […]

GST data & Cost Records/ Cost Audit Annexures to be maintained

December 25, 2017 14982 Views 5 comments Print

MCA has issued one notification issued on 20th Dec 2017 which is going to pave the way for alignment of Cost Records with GST records after the implementation of GST.

“Cryptocurrencies” – Are We Ready To Deal With Them ?

December 25, 2017 21240 Views 4 comments Print

Contemporary digital barrage has caused Fiat money to be encroached by cryptocurrencies. Cryptocurrencies are an alternative to Fiat currencies with no central authority controlling the generation of money. These cryptocurrencies are different from conventional Fiat system of currencies where no federal signatory governs the flow of currency.

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