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Archive: February, 2018

Posts in February, 2018

Section 56(2)(vii) HUF can’t be treated as a ‘Donor’ of Gift

February 21, 2018 17628 Views 1 comment Print

Gyanchand M. Bardia Vs. ITO (ITAT Ahmedabad) The first dispute between the parties is qua validity of assessee’s gift claim as received from the HUF amounting to Rs. 1,02,00,000/- coming through banking channel. Both the lower authorities are of the view that an HUF does not come under the specified category of a relative in […]

Set-off of unabsorbed depreciation allowable against Addition U/s. 68

February 21, 2018 11052 Views 0 comment Print

Asst. Vs Sai Bhaskar Irons Ltd. Once addition under section 68 was included in gross total income, AO had to allow set off of unabsorbed depreciation loss as provided under section 71 dealing with the set off of loss from one head against income from another head. FULL TEXT OF THE ITAT JUDGMENT This appeal […]

Change in procedure of filing GSTR 3B wef 21.02.2018

February 21, 2018 23964 Views 11 comments Print

There was a slight change in procedure of filing GSTR 3B from today i.e. 21.02.2018 what GSTN termed as ‘Filing GSTR 3B is now made more user friendly. This write the highlights of the changes made in procedure and also detail walk through by way of screenshots of the changed procedure.

No service tax on maintenance services provided by builder under Statutory Obligation

February 21, 2018 11304 Views 0 comment Print

Whether the CESTAT was right in holding that the assessee was not providing Management, Maintenance or Repair Service by collecting amount from prospective flat buyers, for maintaining the building, in the guise of deposits which is not returnable? Whether the CESTAT has erred in holding that assessee is providing statutory service and has rendered definition provided under Section 65(105)(zzg) of Finance Act as null and void by accepting that he is not providing Management, Maintenance or repair service by maintaining the building and collecting amount for that or not?

Assessment U/s 153A: ITAT clarifies on Abatement of completed assessment

February 21, 2018 11595 Views 1 comment Print

Where search was conducted and addition was made by AO in respect of completed assessment on the basis of the entries found recorded in regular books of account of the assessee and no material evidence was unearthed during search, AO was not justified since completed assessment could not be disturbed in absence of contrary material found during search.

Waiver of loan taken on capital account cannot be taxed U/s. 41(1)

February 21, 2018 2733 Views 0 comment Print

Total dues payable by the Bank consisted of principal component and interest component. The principal Component being a loan in respect of which no deduction, benefit or loss was either claimed or allowed, was transferred to Capital Reserve Account and interest component was duly credited to the Profit and Loss Account and also offered to tax as income within the meaning of section 41(1) of the Act. The loan received is a capital receipt and it does not lose its capital nature even when it is renounced or waived by the lender.

Resolution Plan cannot be rejected merely for receipt after Cut-Off Date

February 21, 2018 10866 Views 0 comment Print

Spirit of the Code is first and then comes the other things. The rejection of the Resolution Plan by the CoC even without opening the envelope containing the Resolution Plan on the ground that the same is submitted after the expiry of the stipulated time fixed by the CoC, is certainly against the law/Code.

Service tax not payable on material supplied free of cost by service recipient during construction

February 21, 2018 14196 Views 0 comment Print

Whether, the value of goods/material supplied or provided free of cost by a service recipient and used for providing the taxable service of construction or industrial complex, is to be included in computation of gross amount (charged by the service provider), for valuation of the taxable service

Interest on FDRs to avail OD facilities for remuneration to partners?

February 21, 2018 1443 Views 0 comment Print

ITO Vs Suresh Chand Ravi Datt (ITAT Jaipur) There is not dispute that the business of the assessee dealing in food grains, oil seeds and pulses etc is a seasonal business depending upon crop seasons. Therefore, during the non harvesting season the assessee is not having much business activity and accordingly the funds which are […]

Companies (Removal of Difficulties) Order, 2018 on removal of independent director

February 21, 2018 1965 Views 1 comment Print

Whereas, sub-section (2) of section 152 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as the said Act) provides that every director (including an independent director) shall be appointed by the company in general meeting

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