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Archive: March, 2018

Posts in March, 2018

Addition U/s. 68 justified if Assessee failed to establish creditworthiness of donors

March 4, 2018 1278 Views 0 comment Print

Where assessee had failed in establishing the creditworthiness of the donors, occasion for making the gifts and why the donors who were strangers and not men of means gifted such huge amounts to the assessee- HUF out of love and affection, therefore, addition made by AO was justified.

Delay in service of notice U/s. 143(2) invalidates Scrutiny assessment

March 4, 2018 3444 Views 0 comment Print

Pr. CIT Vs. National Informatics Center Services Inc. (Delhi High Court) Date of filing of the return of income is 25-09-2009. Therefore, the notice served on the taxpayer u/s 143(2) on 26-08-2011 is beyond the period of six months from the end of the financial year in which the return was furnished. Therefore, the notice […]

Why export promotion policy favour defaulters & punish efficient exporters- Part 2

March 4, 2018 1701 Views 1 comment Print

In this second part, we deal with the legalities & the policy provisions regarding the clubbing & redemption. The latest policy provision made Vide Public Notice No. 32/2015-2020 dtd. 18.10.2017 reads as under:

77 Facts about Cyber Crimes One Should Know in 2018 (Infographic)

March 4, 2018 4236 Views 1 comment Print

Ever since the Internet was created there have been criminals who want to take advantage of it. Therefore, offenses against individuals or companies in order to cause harm or loss to the victim with the use of modern telecommunication networks are defined as cybercrimes. Basic precautions like firewall, antivirus, and regular security checks must become […]

Absolute Comparative Analysis of Notified Sections of Companies (Amendment) Act, 2017

March 4, 2018 5763 Views 0 comment Print

The Companies (Amendment) Bill, 2017, introduced in Lok Sabha on 16 March, 2016 as The Companies (Amendment) Bill, 2016 was referred to the Standing Committee on Finance on 12 April, 2016.

Demystifying Anti-Profiteering In Goods and Services Tax

March 4, 2018 11208 Views 0 comment Print

Anti-profiteering is introduced in the GST Act based on the experience gained at the time of implementation of VAT in India and all other countries where GST / VAT is rolled out. The Government across the nations felt that the until and unless there is a provision in the law the benefits of the new […]

Revenue cannot treat LTCG as STCG on the ground that assessee deliberately waited for lapse of 36 months

March 3, 2018 2175 Views 0 comment Print

The objection of the revenue that the assessee intentionally waited for mechanical lapse of 36 months and deliberately put the date on agreement as 18-11-2009 to avoid the payment of tax is not tenable.

Registration U/s. 12A/12AA cannot be denied for non-production of books & vouchers

March 3, 2018 4356 Views 0 comment Print

CIT is not justified in rejecting registration on the ground that the non-production of books and vouchers means that the genuineness of the charitable activities cannot be verified. The CIT is entitled only to examine the objects of the trust at the stage of registration and not the books of account

Addition cannot be made on the basis of unsigned impounded dumb document

March 3, 2018 3231 Views 0 comment Print

Devaram C. Bhavani Vs. ITO (ITAT Mumbai) We have given a thoughtful consideration to the notings in the impounded document, viz. Annexure A-2– Page 37 & Page 105 and are unable to persuade ourselves to be in agreement with the view taken by the lower authorities. We find that as against the working of the amount […]

Explanation to section 73 supersede provision of section 43(5)(d)

March 3, 2018 3888 Views 0 comment Print

ITO Vs. M/s. Arandi Investments Pvt. Ltd. (ITAT Mumbai) Assessing Officer treated loss in future and options (F&O) transactions as speculation loss and disallowed the same. We find that on this issue, the A.O. has referred to Honorable Delhi High Court decisions on identical issue. The Honorable Delhi High Court in the case of CIT […]

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