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Archive: 12 May 2018

Posts in 12 May 2018

Registration U/s. 12A of trust cannot be denied merely because it consists of Urologist Doctors

May 12, 2018 1032 Views 0 comment Print

The Chhattisgarh High Court, in the case of Commissioner of Income Tax Central Revenue v. Chhattisgarh Urology Society recently announced that a society consists of urologist doctors eligible for registration under Section 12A of the Income Tax Act.

Notice U/s. 274 r.w.s. 271(1)(c) is untenable if issued without application of mind

May 12, 2018 35028 Views 0 comment Print

D.C.I.T Vs. M/s. Pennzoil Quaker State India Ltd. (ITAT Mumbai) On a perusal of the notice issued u/s. 271(1)(c) of the Act for initiation of proceedings we find that the Assessing Officer did not strike off and specify the charge/limb for which he is proposing to initiate penalty proceedings. However, in the Assessment Order, Assessing […]

Rent received by Association of Co-Owners Whose only Objective is to Derive Income from Letting out of Property is Taxable as ‘Income from House Property’

May 12, 2018 3120 Views 0 comment Print

Manek Lodge Properties Vs. Additional Commissioner of Income Tax (ITAT Mumbai) In the present case the assessee is nothing but association of co-owners of certain properties whose only objective is to derive income from letting out of property and nothing more. The bench also held that if the contention of Assessee is to be accepted, […]

Addition U/s. 68 for bogus share capital not justified for mere non-response by shareholders to summon U/s. 133(6)

May 12, 2018 1833 Views 0 comment Print

We are of the view that no adverse inference can be drawn against the assessee merely because reply has not been received by the AO in response to notice issued under Section 133(6). The AO having issue the notice and such notice having been served on the person concerned, the AO has to take the process to the logical end. He cannot draw adverse inference merely because reply has not been received.

Assessment framed by AO on non-existent amalgamated company is void ab initio

May 12, 2018 2736 Views 0 comment Print

In the case of Genpact Infrastructure (Bhopal) Pvt. Ltd, Delhi bench of Income Tax Appellate Tribunal ( ITAT ) recently held that addition cannot be made since the assessment framed by the Assessing Officer (AO) on the non-existent amalgamated company and not on the amalgamating company.

Investments held as stock-in-trade do not attract disallowance U/s. 14A

May 12, 2018 1689 Views 2 comments Print

Assessee was engaged in the business of investment in shares and securities, financing and granting loans and advances against shares. The assessee earned exempt dividend income and made suo moto dis allowance against the same under section 14A.

Custom dept. proposes simplified procedures for exports through India Post

May 12, 2018 1044 Views 1 comment Print

Customs and Postal Department hold First ever Joint Conference to deliberate on streamlining imports and exports by post; To cater to the SMEs and to boost the Make in India program, Customs Department proposes new simplified procedures for exports through India Post. Customs Department proposes new simplified procedures for exports through India Post.

Specific GST Provisions applicable to E-Commerce Operators

May 12, 2018 5313 Views 1 comment Print

E-commerce means supply of our goods or services or digital products through E-commerce platform or electronic network. E-commerce operators are the person which provides or facilitates a digital or electronic platform to

Checklist for Limited Liability Partnership

May 12, 2018 24195 Views 0 comment Print

Article comprises checklist for Limited Liability Partnership (LLP) in India  on  Requirement of Partner, Designated Partner (DP) , Changes in DP, Disqualification of DP, DPIN/DIN, Incorporation of LLP, Drafting of LLP Agreement, Registered Office of LLP, Change of Registered office, Name of LLP, Change of Name, Cessation of partnership Interest, Changes in Partners and their […]

Actionables for LODR (Amendment) Regulations, 2018

May 12, 2018 38502 Views 2 comments Print

Pursuant to the recommendations made by Uday Kotak Committee Report, Securities and Exchange Board of India (SEBI) notified SEBI (Listing Obligations and Disclosure Requirements) (Amendment) Regulations, 2018 (Amendment Regulations) on May 9, 2018. The Amendment Regulations specifies various dates from which the amendments made shall come into force.

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