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Archive: 07 March 2018

Posts in 07 March 2018

Webinar on Critical Issues in Faceless Assessments under Income Tax Act, 1961

February 14, 2025 2574 Views 0 comment Print

Join our webinar on Faceless Tax Assessments under the Income Tax Act, 1961. Learn concepts, challenges, and solutions from expert CA Hari Agarwal, FCA.

Concept of unjust enrichment not applies on export of service

March 7, 2018 5184 Views 0 comment Print

M/s. Western Union Financial Services Inc. Vs. CST (CESTAT Delhi) Appellant is to the effect that for export of service, the concept of unjust enrichment itself will not apply. To support this contention, they relied on various decided cases. The Tribunal in Pulcra Chemicals (India) Pvt. Ltd. (supra), Wienerberger Brick Industries Pvt. Ltd. (supra), Vodafone Cellular Ltd. […]

Assessment u/s. 153A cannot be framed if no incriminating material found during search

March 7, 2018 1701 Views 0 comment Print

Asstt Vs Maruti Clean Coal & Power Ltd. (ITAT Raipur) There is no dispute that no incriminating material has been found at the time of search and therefore it is now settled proposition of law that no assessment u/s. 153A of the Act can be framed in the absence of any incriminating material found at the […]

Certificate U/s. 80G would not automatically lead to exemption from purview of Payment of Bonus Act, 1965

March 7, 2018 1656 Views 0 comment Print

Batra Hospital Employees Union Vs. Batra Hospital & Medical Research (Delhi High Court) It would be hazardous to presume that every organization, which is certified under Section 80-G of the Income Tax Act, would, of necessity, be entitled, ipso facto, to immunity from the applicability of the Payment of Bonus Act. There is substance, in […]

CBEC amends E-Way Bill rules: CGST (Second Amendment) Rules, 2018

March 7, 2018 78117 Views 0 comment Print

138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill.- (1) Every registered person who causes movement of goods of consignment value exceeding fifty thousand rupees—

Last Date for Submission of GST TRAN-2 extended upto 31 March 2018

March 7, 2018 15162 Views 0 comment Print

CBEC has extended Last Date for Submission of GST TRAN-2 extended upto 31 March 2018 vide Notification No.12/2018 – Central Tax dated : 7th March 2018. Relevant Extract is as follows:- 2. In the Central Goods and Services Tax Rules, 2017, – (i)   with effect from the date of publication of this notification in the […]

Gift tax not applicable on share transfers or transfer of property to effectuate a settlement

March 7, 2018 2058 Views 0 comment Print

The difference between the market value of the shares and the value of the transfer was held to constitute deemed gift under Section 4 and that amount was brought to tax. The Gawahati High Court found that the transfer was pursuant to a family settlement and stated that the provisions of the Gift Tax Act would not be applicable.

HC held expense on Repair & Maintenance by Rambagh Palace Hotels as Revenue in Nature

March 7, 2018 1734 Views 0 comment Print

The Delhi High Court recently ruled that the repair and maintenance expenditure incurred by a Hotel is revenue expenditure under the Income Tax Act.

 No Penalty U/s. 271E on conversion of the loan into equity

March 7, 2018 6003 Views 0 comment Print

The loan received by the assessee was squared off by way of conversion of loan into equity by the assessee through book entries without any physical outflow of funds. It is usual business practice and is part of routine corporate debt restructuring exercise carried out by various banks and financial institutions. Therefore, the said transaction could not be considered to be in violation of section 269T, so as to impose penalty under section 271E.

Loss on account of foreign currency fluctuations is allowable expense

March 7, 2018 2601 Views 0 comment Print

Fall in net profit rate due to dollar rate fluctuation (currency fluctuations): additions to income deleted in Indo Colchem case by Ahmedabad ITAT

Depreciation Calculator under Income Tax for Financial 2017-18

March 7, 2018 13071 Views 0 comment Print

Depreciation Calculator in Excel Format for depreciation calculation under Written Down Value Method

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