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Archive: 16 July 2018

Posts in 16 July 2018

Notice U/s 143(2) issued prior to furnishing of return in response to Notice U/s. 148 is invalid

July 16, 2018 3501 Views 0 comment Print

ITAT held that since the notice u/s 143(2) of the Act was issued prior to the furnishing of return by the assessee in response to the notice u/s 148 of the Act. Therefore, the notice issued u/s 143(2) of the Act was not valid and the reassessment framed on the basis of said notice deserves to be quashed. We, therefore, quash the reassessment framed by the AO.

Addition for LTCG on mere surmises not justified

July 16, 2018 1056 Views 0 comment Print

Denial of assessee’s claim under section 10(38) on the basis of suspicion without any cogent material to show that the assessee had brought back its own unaccounted income in the shape of long-term capital gain was not justified.

Mere non production of Director of share holder company cannot justify addition u/s 68

July 16, 2018 828 Views 0 comment Print

AO has remained sited with folded hands and has not made any independent enquiry from concerned AO of share holder company which itself is sufficient to knock off the addition made. On basis of this I have no hesitation to delete the additions of Rs 25,00,000 and Rs 45,000 made u/s 68

Submitting Form No. 15G & 15H -Points to Remember

July 16, 2018 199874 Views 70 comments Print

Very often, readers keep enquiring about the submission of forms No. 15G/15H to the banks or others payer so that interest could be received without deduction of tax at source (TDS). In this column, I am covering all about Form No. 15G & 15H and hopefully the detailed elaboration hereunder would provide a comprehensive picture about the submission of Form No. 15G & 15H.

Notice issued under Section 143(1)(a) of Income tax act 1961

July 16, 2018 120213 Views 4 comments Print

What is the meaning of notice issued under Section 143(1)(a) of Income tax act 1961. As per latest amendments and provisions of income tax act with the Assessment Year 2018-19, there are various new provisions related to income tax proceedings and assessment procedure being included. In order to this there is a new Section which […]

Residential Status & scope of total Income

July 16, 2018 139853 Views 6 comments Print

Residential Status of an Individual (Sec 6(1) -An individual is resident in India if he satisfies any one of the following two conditions: i. He is in India for 182 days or more in the relevant previous year or ii. He is in India for 60 days or more during the relevant previous year and for 365 days or more during 4 years immediately preceding the previous year.

Meat supply in HDPE gunny bags cannot be treated as supply in unit containers

July 16, 2018 1296 Views 1 comment Print

In re M.U.N. Agro Industry Pvt. Ltd. (GST AAR Maharastra) Frozen meat of sheep / goat in HDPE gunny bag which do not indicate any information related to weight / number of carcass packed in such bags would tantamount to being as a product not put up in unit container and thus falls under chapter […]

SC on Rebuttal by Accused against Presumption in Cheque Bounce Cases

July 16, 2018 8286 Views 0 comment Print

Kishan Rao Vs Shankargouda (Supreme Court Of India) In the present case, the trial court as well as the Appellate Court having found that cheque contained the signatures of the accused and it was given to the appellant to present in the Bank of the presumption under Section 139 was rightly raised which was not […]

Tips for Filing Income Tax Returns

July 16, 2018 16297 Views 9 comments Print

Income-tax return is a legal document and it should be filed by the assessee with due care and caution. There should be no corrections or overwriting and it should be properly signed and verified by the person authorized to do so under the provisions of the Income-tax Act. The following important points may be taken care of while filling up the return forms:

Removal of Directors Disqualification without Revival of Company

July 16, 2018 3315 Views 2 comments Print

The drastic step of Mass Disqualification of Directors and deactivation of DINs by ROC has left the whole Industry flabbergasted and startled. This is not a road block but a beginning in the line with Compliance module. Directors are being provided with various opportunities to get their Disqualification Removed and DIN Restored even if they are not willing to revive the Company or the Company is not in operation due to any reason.

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