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Archive: 20 April 2018

Posts in 20 April 2018

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

February 14, 2025 3105 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.

PFRDA prescribes New NPS Subscriber Registration Form

April 20, 2018 939 Views 0 comment Print

Pension Fund Regulatory and Development Authority prescribes New NPS Subscriber Registration Form – Additional Mandatory Requirements

Krishi Kalyan Cess not admissible as Input Tax Credit in GST Regime: AAR

April 20, 2018 3876 Views 0 comment Print

Whether accumulated credit by way of Krishi Kalyan Cess (KKC) as appeared in the Service tax return of Input Service Distributor (ISD) ON June 30, 2017 which is carried forward in the electronic credit ledger maintained by the company under CGST Act 2017, will be considered as admissible input tax-credit?

Procedure of Conversion of Partnership Firm into Public / Private Company

April 20, 2018 42636 Views 8 comments Print

In this Article, Author list out step by step procedure for conversion of Partnership firm into Company and benefits of Conversion.

Regulatory Requirement of Internal Control over Financial Reporting

April 20, 2018 33882 Views 1 comment Print

ICFR (Internal Controls over Financial Reporting) in India is paradigm shift over reporting requirement of CARO by virtue of Indian Companies Act, 2013. It is mandatory for auditors to comment over design and operative effectiveness of the controls in case of listed and unlisted companies. Requirement is broadly similar to what is mandated by US Sarbanes Oxley Act, 2002.

section 57(iii) Expense allowable only if the same was for earning income taxable under the head ‘income from other sources’

April 20, 2018 86565 Views 1 comment Print

Regarding the allowability of deduction under clause (iii) of section 57, it has to be established by the assessee that expenditure has been exclusively laid out or expended wholly and exclusively for the purpose of making or earning such income taxable under the head ‘income from other sources

Demand under Rule 14 cannot be made on ISD if he does not avail cenvat credit

April 20, 2018 3576 Views 0 comment Print

Kansai Nerolac Paints Ltd. Vs Commissioner of GST, Mumbai Central (CESTAT Mumbai) In this case  demand was raised from the input service distributor who has distributed the service credit to their respective factory on the ground that the input service viz. air travel agent service, is not admissible as the service related to business activity […]

Addition for Jewellery within limits prescribed by CBDT circular not sustainable

April 20, 2018 4806 Views 0 comment Print

The jewellery found in possession of the Assessee and his family is within the normal limits of the jewellery which as per the Board’s Circular not to be seized during the search proceeding of the Income Tax Act. Moreover, in the case of Haroon Mohd. Unni Mumbai vs Department of Income Tax, the Assessing Officer conducting the search suo-moto allowed 250 gms. each to the married ladies of the family as their `Streedhan’.

Penalty under excise rule 26 can be imposed only on natural individual person

April 20, 2018 7188 Views 0 comment Print

Penalty under Rule 26 can be imposed only on the natural individual person and not on the artificial person or company because the goods is handled by natural living person and not by an artificial entity.

Subsidy for setting up industries to generate employment not to be adjusted against cost of depreciable assets

April 20, 2018 1746 Views 0 comment Print

Sanghi Industries Ltd. Vs ACIT (ITAT Hyderabad) Only if subsidy or other grant was given to offset the cost of an asset, such payment would be covered by Explanation 10 to section 143(1). In the instant case where subsidy was received as an incentive for setting up industries to generate employment, the mere fact that […]

CIT (A) cannot accept additional evidence without calling remand report from AO

April 20, 2018 5589 Views 1 comment Print

On the facts and circumstances of the case & in law, the Ld. CIT(A) erred in deleting the addition of Rs.95,00,000/- made by the AO on account of unexplained cash credit from an entry operator completely ignoring the findings given by the Honble Delhi High Court in cases like CIT V. Nova Promoters 342 ITR 169, CIT v. NR Portfolio [2013] 29 com 291 (Delhi), CIT v. N Tarika Properties

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