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Archive: June, 2018

Posts in June, 2018

Addition on account of Valuation of stock not justified if Assessee consistently follows same valuation method

June 25, 2018 2058 Views 0 comment Print

Addition made in the income u/s 69B on account of failure of assessee to substantiate the excess stock found at his premises was not justified  as the excess stock came on account of sale price taken by Department and since inception of assessee-firm, it was valuing inventory on average cost method/weighted cost price which was verifiable from the statement of accounts appended to Return of Income thus, a method of accounting / Valuation adopted by the taxpayer consistently and regularly could not be discarded by the departmental authorities.

A person cannot be disqualified for non submission of his resignation by company in question

June 25, 2018 1530 Views 0 comment Print

It is submitted that in the above facts and circumstances of the case that the petitioner has resigned from the directorship of the company in question, the petitioner would not incur a disqualification under Section 164 of the Companies Act. Consequently, the disqualification of the petitioner as notified in the lists dated 6thSeptember, 2017 and 12th September, 2017 by the respondent no.1 was incorrect and illegal.

ITR, Fine, Prosecution proceedings, Budget 2018

June 25, 2018 4050 Views 0 comment Print

Article explains Compulsory Filing of Income Tax Return Sec 139(1) with relevant due dates, Late Filing Penalty for Income Tax Return under Section 234F of the Income Tax Act, 1961 and Prosecution Proceedings for Late Filing of Income Tax Return under Section 276CC of the Income Tax Act, 1961.

Swarovski India Pvt. Ltd Appeal: The three golden rulings

June 25, 2018 1965 Views 0 comment Print

1. While allowing deduction under section 10B, the deduction is to be allowed to eligible undertaking, even the income being in negative. 2. Cutting and polishing of precious and semi precious stones constitutes manufacturing as contemplated in section 10B, 3. No fresh fact or fresh material which formed the reasons to believe for reopening of the assessment except the order passed by the AO, there being no other reason given by the AO for re-opening the assessment, notice issued under section 148 of the Act quashed.

GST- Recent issues and suggestions

June 25, 2018 7896 Views 4 comments Print

Goods and Services Tax is on the verge of completion of its first year in our Country. The first year was full of doubts & dilemmas. Apart from Tax payers, Tax practitioners and Tax officers were also seen struggling to answer various questions.

HC explains when transfer pricing disputes constitute substantial questions of law

June 25, 2018 2205 Views 0 comment Print

PCIT Vs. Softbrands India P. Ltd (Karnataka High Court The existence of a substantial question of law is sine qua non for maintaining an appeal before the High Court. While the appeal to High Court under Section 260-A of the Act may be a First appeal in the sense from the order of final fact […]

GST on Information & amp; Communication Technology (ICT) @ School Project

June 25, 2018 3663 Views 0 comment Print

In re IL & FS Education and Technology Services Ltd. (GST AAR Maharashtra) Question 1. Determining applicability of Entry No. 72 of Notification No. 12/2017-Central Tax (Rate), dated the 28th June 2017 read with Entry No. 72 of Notification No. 12/2017-State Tax (Rate) dated 29.06.2017 to the services provided by the Applicant under the Information and […]

Reporting in Single Master Form for Foreign Investment In India

June 25, 2018 2823 Views 1 comment Print

RBI through its Master Circular dated June 7th, 2018 has introduced Single Master Form (SMF) for all types of reporting in respect to Foreign Investment In India. The SMF would be filed online. SMF would provide a facility for reporting total foreign investment in an Indian entity as also investment by persons resident outside India […]

Reg. Provisional assessment of new/unused pneumatic tyres import

June 25, 2018 708 Views 0 comment Print

Notification No 34/2018-Customs (ADD)– Seeks to provide for provisional assessment of new/unused pneumatic tyres originating in or exported from People s Republic of China by M/s Shandong Haohua Tire Co. Ltd. (Haohua) (Producer) through Guangzhou Exceed Industrial Technology Co. Ltd. (exporter) or H K Trade Wing Trading Limited (exporter) till the final findings of New […]

ITAT Condones Delay in filing appeal caused by fault of CA/ Counsel

June 25, 2018 5040 Views 0 comment Print

M/s. Midas Polymer Compounds Pvt. Ltd. Vs ACIT (ITAT Cochin) There was a delay of 2819 days in filing the appeal before the Tribunal. The assessee has stated the reasons in the condonation petition accompanied by an affidavit which has been cited in the earlier para. The assessee filed an affidavit explaining the reasons and […]

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