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Archive: 09 August 2018

Posts in 09 August 2018

Delay in filing appeal with ITAT due to time barring assessment work not acceptable

August 9, 2018 1737 Views 0 comment Print

It is simply stated in the application for condonation of delay that due to time barring assessment, the impugned order was overlooked and got barred by limitation.

Interest on Income tax refund cannot be taxed if same is withdrawn subsequently

August 9, 2018 2121 Views 0 comment Print

Lal Nathirmal Moolchandani Vs ITO (ITAT Mumbai) We find that the assessee has received an interest on refund for assessment year 2009-10 in the present assessment year on 31.03.2011. The said cheque was encashed subsequently. Subsequently, vide assessment order passed u/s. 143(3) on 08.12.2011 for the same assessment year a total demand of Rs.24,67,560/- was […]

Payment for delayed allotment of plot of land cannot be construed as ‘interest’

August 9, 2018 7218 Views 0 comment Print

The issue which falls for decision therefore is whether payment for delayed allotment of a plot of land by the Housing Board to an allottee will fall under the definition of ‘interest’ under section 2 (28A) of the Act.

Violation of natural justice renders Assessment void

August 9, 2018 4248 Views 0 comment Print

CIT Vs. Sunita Dhadda (Supreme High Court)  HELD by the Supreme Court: We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed. Held by the Rajasthan High Court: 5. Counsel for the respondent has relied upon the following judgments :- “1. CIT VS. Dinesh Kumar Sharma, […]

Cancellation of GST Registration- Brief Study

August 9, 2018 5637 Views 0 comment Print

Cancellation of GST registration means you are not more liable to pay tax or file the return. GST registration must be cancelled within 21 days of selling or closing of the business. A GST no obtained in India can be cancelled by the registered person or by an Officer or by the legal heirs. Person […]

GST: Seized goods to be released on giving security equal to invoice value

August 9, 2018 1674 Views 0 comment Print

M/S Akash Traders Vs State Of U.P. (Allahabad High Court) Heard Shri Praveen Kumar, learned counsel for the petitioner and Shri C.B. Tripathi, learned Standing Counsel for the respondent. This writ petition has been filed by the petitioner to challenge the seizure order dated 30.12.2017 passed under Section 129(1) of U.P. GST Act (hereinafter referred […]

Penalty for Delay in Filing TDS Statement- Non-Availability of Staff not a valid defence

August 9, 2018 1113 Views 0 comment Print

Moreover, the change /lack of staff with the assessee-organization is not found substantiated by any evidence on record and such a reason, in our considered opinion, does not constitute to be a reasonable cause to file the TDS statements with such an inordinate delay.

KYC compliance by Directors

August 9, 2018 2130 Views 0 comment Print

To have an updated registry and KYC of all the individuals to whom MCA has allotted Director Identification Number (DIN), MCA has decided to conduct KYC of all those individuals, annually. Central Government vide notification no GSR 615(E) dated 5th July 2018 has amended the Companies (Appointment and Qualification of Directors) Rules, 2014 and inserted […]

Note on Dormant Company – Section 455 of Companies Act, 2013

August 9, 2018 6549 Views 1 comment Print

Who can apply for the status of  a Dormant Company? A company incorporated and registered under Companies Act, 2013 for future project or to hold an asset or Intellectual property and has no significant accounting transaction. An Inactive Company What is meant by Inactive Company? Company which has not been carrying on any business or […]

SEBI seeks comments on Report by Committee on Fair Market Conduct

August 9, 2018 507 Views 0 comment Print

SEBI constituted a Committee on Fair Market Conduct in August, 2017 under the Chairmanship of Shri T.K. Viswanathan, Ex-Secretary General, Lok Sabha and Ex- Law Secretary. The Committee was mandated to review the existing legal framework to deal with market abuse to ensure fair market conduct in the securities market. The Committee was also mandated to review the surveillance, investigation and enforcement mechanisms being undertaken by SEBI to make

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