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Archive: 28 January 2018

Posts in 28 January 2018

Section 133C Power to call for information by prescribed income-tax Authority

January 28, 2018 21942 Views 0 comment Print

Section 133C is inserted vide Finance (No. 2) Act, 2014 to enable the prescribed Income tax authority to verify the information in its possession relating to any person. The said authority

Section 143 – Need to create pre-assessment filters

January 28, 2018 1041 Views 0 comment Print

The whole process of assessment and appeals needs to be looked at afresh, with a view to revamp and improve the current circuitous procedure. The following may be considered from this perspective

CA IPC November 2017 Exams Pass Percentage & Toppers

January 28, 2018 29838 Views 1 comment Print

Details of percentage of candidates passed in the Intermediate (IPC) Examination Held In November – 2017 and details of top three rank holders on the all India basis for the INTERMEDIATE (IPC) Examination held in November 2017 with the marks secured by them are also given herewith.

Section 145(2) – ICDSs should not be implemented- ICAI

January 28, 2018 5937 Views 0 comment Print

Recently, the Hon’ ble Delhi HC in its Judgement dated 8.11.2017 in the case of Chamber of Tax Consultants v. Union of India has struck down certain paras of the ICDSs to the extent as noted in the said Judgement as ultra vires the Income-tax Act, 1961.

Sanction for issuing a reopening notice cannot be mechanical

January 28, 2018 1428 Views 0 comment Print

It is a settled principle of law that sanction granted by the higher Authority for issuing of a reopening notice has to be on due application of mind. It cannot be an mechanical approval without examining the proposal sent by the Assessing Officer.

Common Area Maintenance and non-occupancy charges paid are deductible from rent in computation of ‘Annual Letting Value’ u/s 22

January 28, 2018 8145 Views 0 comment Print

Common Area Maintenance Charges and non-occupancy charges paid by the assessee to the Society are deductible from the rent while computing the Annual Letting Value u/s 22

Section 14A r.w. Rule 8D cannot be interpreted to mean disallowance of entire tax exempt income

January 28, 2018 3648 Views 0 comment Print

Pest Control India Pvt Ltd vs. DCIT (ITAT Mumbai) By no stretch of imagination can Section 14A or Rule 8D be interpreted so as to mean that entire tax exempt income is to be disallowed The Hon’ble Delhi High Court in the case of Joint Investment Private Limited in ITA.No. 117/15 dated 25.02.2015 held that […]

VAT Tribunal: CA or Commissioner cannot be appointed unless they have expertise

January 28, 2018 2340 Views 0 comment Print

Sales Tax Tribunal Bar Association vs. State of Maharashtra (Bombay High Court) The Apex Court observed that the participation by persons from other specified fields would be a positive consideration for achievement of the object of the said Act of 2005. However, the Apex Court observed that the requirement of a judicial mind for manning […]

Section 155(14A) Claim of FTC pertaining to taxes under dispute in foreign country

January 28, 2018 2094 Views 0 comment Print

Section 155(14A) provide that where the payment of foreign tax is under dispute, credit of such taxes will be available in India in the year in which the dispute is settled, on satisfaction of certain conditions.

Section 80IA(5) Only losses of years beginning from initial A.Y. alone are to be brought forward

January 28, 2018 8130 Views 0 comment Print

Only losses of the years beginning from the initial assessment year are to be brought forward for set-off against profits of the eligible unit. Losses of earlier years which are already set off against income cannot be brought forward notionally for set-off. The fiction in s. 80-IA(5) is created only for a limited purpose and cannot be extended

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