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Archive: June, 2018

Posts in June, 2018

Tribunal cannot pass order beyond 3 months of conclusion of hearing of appeal

June 22, 2018 4671 Views 0 comment Print

Cromption Greaves Limited Vs. CIT (ITAT Mumbai) This M.A. has been filed by the assessee seeking recall of the order of the tribunal in ITA no. 1994/Mum/2013 dated 01-02-2016 . The learned counsel for the assessee pressed only one ground before the Bench that the tribunal order dated 01-02-2016 was passed beyond period of 90 […]

Reopening based on vague and non-speaking reasons is reopening without jurisdiction

June 22, 2018 3066 Views 0 comment Print

Sunil Agarwal Vs ITO (ITAT Delhi) We find that there is no allegation in the reasons recorded that there is failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment u/s 147 of the Act, the notice issued u/s. 148 of the Act after a period of […]

Expenses on replantation without any expansion of plantation area or replantation in an abandoned area are not capital expenditure

June 22, 2018 3087 Views 0 comment Print

ACIT Vs M/s Gillanders Arbuthnot & Co. Ltd. (ITAT Kolkata) 1. Expenses on replantation without any expansion of plantation area or replantation in an abandoned area are not capital expenditure Capital expenditure involves an investment increasing the capital for higher profit. The expansion means extension of plantation to an additional area. An area already abandoned, […]

Prohibition on import of milk / milk products from China till 23.12.2018

June 22, 2018 999 Views 0 comment Print

Prohibition on import of milk and milk products (including chocolates and chocolate products and candies/ confectionary/ food preparations with milk or milk solids as an ingredient) from China is extended for a further period of six months, i.e., till 23.12.2018 or until further orders, whichever is earlier.

CBDT amends Place of Effective Management (PoEM) rules wef 01.04.2017

June 22, 2018 13485 Views 0 comment Print

in a case where a foreign company is said to be resident in India on account of its Place of Effective Management (hereinafter referred to as PoEM) being in India under sub-section (3) of section 6 of the Act in any previous year and such foreign company has not been resident in India in any of the previous years preceding the said previous year

HC directs GSTN to issue password to assessee to complete migration process

June 22, 2018 1281 Views 0 comment Print

Heard Sri Rahul Agarwal assisted by Sri Varad Nath and Miss. Archi Agarwal learned counsels for the petitioner. Sri V.K.S. Raghuvanshi, appeared for the respondent no.4, Sri C.B. Tripathi for the respondent nos.1 and 5 and Sri Arvind Kumar Kushwaha holding the brief of Sri Prem Shankar Prasad, learned counsel for the respondent nos. 3 and 6.

Revised return not become invalid merely for filing after issue of Notice U/s. 143(2)

June 22, 2018 6816 Views 0 comment Print

There is no bar / restriction in the provisions of section 139(5) of the Act that the assessee cannot file a revised return of income after issuance of notice under section 143(2) of the Act. It is trite law, the assessee can file a revised return of income even in course of the assessment proceedings, provided, the time limit prescribed under section 139(5) of the Act is available. That being the case, the revised return of income filed by the assessee under section 139(5) of the Act cannot be held as invalid.

Know your Income tax form- ITR-1

June 22, 2018 6876 Views 6 comments Print

Everything you need to know about ITR-1 form: the simplest income tax form for individuals with up to Rs. 50 lakhs income. File online or offline.

HC on levy of IGST on Import under advance license

June 22, 2018 4278 Views 0 comment Print

Jindal Dyechem Industries (P) Ltd. Vs Union of India ((Delhi High Court) It is apparent from these facts that the imports which are the  subject matter of the present writ petition were in fact made after the  introduction of GST Regime. The petitioner is the beneficiary of an advance license issued on 17.07.2017. At that point […]

Brand is an intellectual property eligible for depreciation U/s. 32

June 21, 2018 6036 Views 0 comment Print

As per para 7, 8 and 9 of the Accounting Standard 26 (AS 26) issued by the ICAI, the definition of intangible asset and trade mark specifically includes brand names.It was held by the Hon’ble Mumbai Tribunal that brand is an intangible asset eligible for depreciation under Section 32 of the Act.

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