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Archive: June, 2018

Posts in June, 2018

In case of operating leases, lease rent is an allowable expenditure

June 2, 2018 6714 Views 0 comment Print

M/s. HDFC Securities Ltd. Vs DCIT (ITAT Mumbai) AO had made the disallowance as he was of the opinion that it was a prepaid expense and that it could not be claimed during the year under appeal, that the assessee had claimed the expenditure as per the provisions of AS-19, that the agreement entered into […]

Appointment of Non Resident/ Foreign National as Director on Board

June 2, 2018 55758 Views 7 comments Print

UNDER COMPANIES ACT, 2013 Yes, NRI or Foreign National can be appointed as Directors in an Indian company provided that there shall be at least one Directors is of Indian Nationality   1. There are no restrictions in terms of citizenship or residency. 2. An NRI or foreign director may be an executive or non-executive director. […]

Section 79 gets attracted in case of change in more than 51% of shareholding despite being the same within the group

June 2, 2018 24801 Views 0 comment Print

Perusal of share holding pattern in current year clearly indicated that more than 51% of shareholding had changed, though within the group it remained the same, provisions of section 79 were attracted in assessee’s case and AO was justified in disallowing the claim of assessee.

Service Tax not leviable on Amount reimbursed by client on Actual basis

June 2, 2018 540 Views 0 comment Print

S.K. Mohanty, Judicial Member –This appeal is directed against the impugned order dated 21/07/2011 passed by the Commissioner (Appeals), Service Tax, New Delhi

Registration U/s.12AA cannot be cancelled for mere failure to communicate amendment in trust deed

June 2, 2018 5037 Views 0 comment Print

ITAT held that If amended objects of the trusts are not non-genuine and charitable in nature, then mere failure on the part of the assessee to intimate this amended objects to the department would not goad the ld. Commissioner to cancel registration.

Approach Nodal Officers for GST related grievances: HC

June 2, 2018 3684 Views 0 comment Print

Counsel for Revenue wishes to bring on record copies of Circular No. 39/13/2018-GST dated 03.04.2018 setting up an IT Grievance Redressal Mechanism in form of a Committee.

State Govt. can prescribe documents for goods till e-way bill become applicable: HC

June 2, 2018 867 Views 0 comment Print

Heard Sri Naveen Chandra Gupta, learned counsel for the petitioner, Sri Krishna Agarwal, learned counsel appearing on behalf of respondent no.1 and Sri C.B. Tripathi, learned Special Counsel for the State of U.P.

Section 40A(3) overrides section 145(3) read with section 144

June 2, 2018 5724 Views 0 comment Print

These two appeals, filed by the assessee, being ITA No. 2135/Mum/2013 & I.T.A. No. 4896/Mum/2015 for assessment year 2009- 10 and 2008-09 respectively are directed against two separate appellate orders dated 22.01.2013 and 25-02-2015 respectively passed by learned Commissioner of Income Tax (Appeals)-33

Transfer pricing provisions do not apply to non-genuine or sham transactions

June 2, 2018 3099 Views 0 comment Print

Mitchell Drilling India Private Limited vs. DCIT (ITAT Delhi) It is elementary that the ALP is determined of an `international transaction’, which has been defined in section 92B of the Act. The term `transaction’, for the purposes of the Chapter–X containing transfer pricing provisions, has been defined in clause (v) of section 92F to include an […]

Insolvency Professionals to act as Interim Resolution Professionals or Liquidators (Recommendation) Guidelines, 2018

June 2, 2018 1464 Views 0 comment Print

Insolvency Professionals to act as Interim Resolution Professionals or Liquidators (Recommendation) Guidelines, 2018 31st May, 2018 Provisions in the Insolvency and Bankruptcy Code, 2016 1. Section 16(3)(a) of the Insolvency and Bankruptcy Code, 2016 (Code) requires the Adjudicating Authority (AA) to make a reference to the Insolvency and Bankruptcy Board of India (Board) for recommendation […]

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