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Archive: March, 2018

Posts in March, 2018

9 Landmark Judgements in Insolvency and Bankruptcy Code, 2016

March 12, 2018 97224 Views 4 comments Print

The evolving law in due course is seeing some settlement (not by virtue of Article 142 of the Indian Constitution though), but some imperative issues, still some require settlement, and certain others warrant immediate changes. Briefly discussed below are a few imperative judicial pronouncements.

Disallowance of expenses cannot be made by mere intimation U/s. 143(1)(a)

March 11, 2018 6969 Views 0 comment Print

Bajaj Auto Finance Ltd. Vs. CIT (Bombay High Court) While mere making of provision for bad debts will not by itself (on application of amended law) entitle the party to deduction, yet it would be a matter where the assessee should be given an opportunity to establish its claim. This by producing its evidence of […]

Deduction U/s. 54F cannot be denied for Non-completion of construction of new residential house within specified period of three years

March 11, 2018 3495 Views 0 comment Print

Once assessee had invested sale proceeds of existing asset for the purpose of construction of new house within the time period specified under section 54F he could not be denied the benefit under the section, even if the assessee finally could not construct the new house within the specified period of three years.

Registration U/s. 12AA cannot be denied for Non-submission of Form 10B at the time of registration

March 11, 2018 2175 Views 0 comment Print

At the outset, Learned A. R. submitted that assessee is running a school and had been claiming exemption u/s 10(23C)(iii) and now the assessee had applied for registration u/s 12AA which the CIT (Exemptions) has refused relying on the provisions of section 13(1)(c) of the Act.

Interest U/s. 244A on refund of excess SA tax payable from self-assessment tax payment date

March 11, 2018 4842 Views 0 comment Print

Refund under section 244A(1)(b) of the Act on self assessment tax is to be paid from the date of payment of self assessment tax till the date of grant of refund.

No disallowance U/s. 40(a)(ia) if recipient already paid taxes on sources of income

March 11, 2018 3396 Views 1 comment Print

Dis allowance under section 40(a)(ia) on the ground that the assessee had failed to deduct the tax at source on payment made was not justified as the recipient had already paid the taxes on the sources of income and due certificate was also furnished by the assessee.

No addition in case of unabated assessment which had attained finality on search date if no incriminating material found during search

March 11, 2018 1839 Views 0 comment Print

Understand the scope of Section 153A in the case of Anurag Dalmia Vs DCIT. Analysis of unabated assessments, incriminating material, and additions made post-search.

Agreement date of purchase relevant when physical possession of property given at a later date to Compute Short Term or Long Term Capital Gain

March 11, 2018 13167 Views 0 comment Print

The Mumbai bench of Income Tax Appellate Tribunal ( ITAT ) has ruled that date of possession is not material fact for deciding the period of holding to Compute Short Term or Long Term Capital Gain.

5 Trouble Shooting Tips on filing of Form GSTR 3B, GSTR-1 & on Login issues

March 11, 2018 32757 Views 18 comments Print

Taxpayer has paid all liability along with late fees and interest, but is unable to file Form GSTR 3B due to system error. Will he/she have to pay more late fees?

Report Card on Performance of Information Commissions in India

March 10, 2018 2196 Views 0 comment Print

The number of appeals and complaints pending on December 31, 2016 in the 23 information commissions, from which data was obtained, stood at an alarming figure of 1,81,852. The pendency increased to 1,99,186 at the end of October 2017.

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