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Archive: 24 August 2018

Posts in 24 August 2018

Are you investing in the best Performing Mutual Fund?

August 24, 2018 1971 Views 1 comment Print

When it comes to a Mutual Fund, everyone wants to know Which is the best performing Mutual Fund Now.

SEBI permit stock Exchanges to set their trading hours in SLB Segment

August 24, 2018 486 Views 0 comment Print

It has been decided to permit Stock Exchanges to set their trading hours in the SLB Segment, subject to the condition that: a) The trading hours are between 9 AM and 5 PM, and b) The Exchange/Clearing Corporation has in place risk management system and infrastructure commensurate to the trading hours.

No disallowance of sundry trade creditors if profit was determined on estimated basis

August 24, 2018 1527 Views 0 comment Print

M/s Aditya Enterprise Vs ITO (ITAT Kolkata) In the instant case, the profit was determined on estimated basis due to the fact that assessee failed to produce books of account during the assessment. Once then profit has been determined on estimated basis then in our considered view no disallowance can be made on account of […]

No Penalty u/s 271(1)(c) if two legal interpretations were possible and Assessee acted in bonafide manner

August 24, 2018 2328 Views 0 comment Print

M/s Inspectorate Singapore Pte. Ltd.  Vs ADIT (ITAT Delhi) Assessee was under the belief that due to the ‘make available’ Clause in Article 12 (4) (b) of India Singapore DTAA, the consideration paid by the Indian customers to assessee cannot be regarded as ‘fees for technical services’ and further since there was no transfer of technology […]

Tax Audit- Clause 26, Section 43B Most Important

August 24, 2018 149118 Views 4 comments Print

All about Clause 26 of Form 3cd. 1. What does Clause 26 says:- In respect of any sum referred to in clause (a), (b), (c), (d), (e) or (f) of section 43B, the liability for which:- (A) Pre-existed on the first day of the previous year but was not allowed in the assessment of any […]

No GST on Reimbursement of salary on behalf of foreign entity

August 24, 2018 5283 Views 0 comment Print

Whether GST is applicable on Reimbursement of salary on behalf of foreign entity? Applicant will not be liable to pay GST on Salary amount received from RMS and disbursed to the Crew.

No TDS required to be deducted U/s 194H on bank guarantee commission

August 24, 2018 1197 Views 0 comment Print

ITAT had held that there is no principal-agent relationship between the bank issuing the bank guaranee of the assessee. The ITAT Mumbai Bench had further noted that while it is termed as |guarantee commission|, the same is not in the nature of commission

Declaration of Fugitive Economic Offenders (Forms and Manner of Filing Application) Rules, 2018

August 24, 2018 702 Views 0 comment Print

G.S.R. 805(E).—In exercise of the powers conferred by clause (a) of sub-section (2) of section 23 of the Fugitive Economic Offenders Act, 2018 (17 of 2018) and in supersession of the Fugitive Economic Offenders (Application for Declaration of Fugitive Economic Offender) Rules, 2018, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely

Fugitive Economic Offenders (Manner of Attachment of Property) Rules, 2018

August 24, 2018 783 Views 0 comment Print

G.S.R. 804(E).—In exercise of the powers conferred by clause (b) of sub-section (2) of section 23 of the Fugitive Economic Offenders Act, 2018 (17 of 2018) and in supersession of the Fugitive Economic Offenders (Issuance of Attachment Order) Rules, 2018 and the Fugitive Economic Offenders (Issuance of Provisional Attachment Order) Rules, 2018

Unexplained cash credits – Section 68 – Case Laws – Assessment

August 24, 2018 284147 Views 15 comments Print

Section 68 of the I T Act is one of the most powerful yet debated provision of the I T Act. This provision has given plethora of judgments, sometimes conflicting, both in favour of Revenue and the assessee. In light of those judgements an attempt is made to analyse Section 68 with the following sub headings:

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