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Archive: 31 May 2018

Posts in 31 May 2018

Non-Application of Mind in reassessment- Reasons for reopening Mentioned it as a case of 143(3), whereas return processed U/s. 143(1)

May 31, 2018 1974 Views 0 comment Print

Yum! Restaurants Asia Pte. Ltd. Vs. Dy. DIT (Delhi High Court)  In the present case, having started off on a wrong note that the original assessment was scrutinized and an order was passed under section 143(3) of the Act, the assessing officer proceeded to put up the note to the DIT as is evident from […]

TDS deductible on Rent-Free Accommodation provided to Employees of Society

May 31, 2018 3249 Views 0 comment Print

This is an appeal filed by the assessee directed against the order of the learned Commissioner of Income-tax (Appeals)-13, Bengaluru [CIT(A)] dated 21/06/2017 for the assessment years 2011-12 to 2013-14.

TDS U/s. 195 not deductible on commission paid to USA based payee

May 31, 2018 2091 Views 0 comment Print

ACIT Vs M/s Calcutta Export Co. (ITAT Kolkata) The Revenue has failed to place on record even a single document throwing light towards the fact that the payee herein has rendered any of its services in India thereby making it liable to be assessed u/s 9 r.w.s 5 of the Act. The assessee’s payee has […]

Exemption U/s. 11 on Importing, developing & distributing Bar code technology to Business

May 31, 2018 570 Views 0 comment Print

DCIT(E)  Vs GS 1 India Assessee is a society involved in importing, developing and distributing of Bar code technology to be used by various manufacturers and industries which is for the general benefit of public at large. However, during the scrutiny of the return of income of the assessee for the AY 2011-12, AO made […]

No Addition U/s. 68 if Assessee able to Prove identity of creditor, its creditworthiness & genuineness of transaction

May 31, 2018 5166 Views 0 comment Print

ITO Vs M/s. Necleus Steel Private Limited (ITAT Delhi) In this case, assessee received an amount of Rs.67.50 crores from M/s. Unitech Ltd., as advance against the sale of the property. The assessee filed confirmation from M/s. Unitech Ltd., along with its bank statement and acknowledgment of filing of the ITR with balance sheet. The […]

Unlisted Companies will be mandated to have shares in DEMAT Form

May 31, 2018 19272 Views 2 comments Print

In the course of taking another step towards lifting of corporate veil and to target the benami transactions, the government has decided introduce mandate to dematerialise the shares of even unlisted corporates. Separately, it has planned to change the definition of Significant beneficial ownership and include holdings above 10 percent under this definition and failure […]

Transactions, cannot be doubted merely because companies have meager income or for mere non-production of director

May 31, 2018 975 Views 0 comment Print

Zion Promoters & Developers (P) Ltd. Vs Addl. CIT (ITAT Delhi) The investment in the share of the assessee company by the above five companies whose directors appeared before the Assessing Officer and whose statements were recorded and full details were filed substantiating the identity and creditworthiness of the investor companies and the genuineness of […]

Income Tax Returns by Individual and HUF for Financial year 2017-18

May 31, 2018 5748 Views 3 comments Print

Financial Year 2017-18 has ended and due date filing of Income Tax Return is fast approaching. Income Tax Department has notified total 4 forms for Individuals and HUF. This article tries to unfold each of the form and to ensure easy understanding of the same.

How To Incorporate Limited Liability Partnership

May 31, 2018 2145 Views 2 comments Print

In 2008, Ministry of Corporate Affairs brought the concept of Limited Liability As per the LLP Act 2008 an LLP is defined as that business entity where having two Designated Partners is minimum requirement and such partners had their liability limited to their contribution towards the LLP

Allow cost accountants to issue certificates related to GST Refund: ICAI CMA

May 31, 2018 8769 Views 3 comments Print

Inclusion of Cost Accountants for undertakings/submission of Certificates to the exporters to overcome the problem of refund blockage and post audit scrutiny

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