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Archive: 29 August 2018

Posts in 29 August 2018

Portfolio Management Scheme (PMS) fees not deductible while computing capital gain

August 29, 2018 10602 Views 0 comment Print

Mateen Pyarali Dholkia Vs. DCIT (ITAT Mumbai) In the instant case, the profit arising from the sale of shares was received by the assessee directly which constituted its income at the point when it reached or accrued to the assessee. The fee for PMS on the other hand was paid separately by the assessee to […]

Bogus capital gain: Addition merely based on statements recorded by Investigation Wing not valid

August 29, 2018 3828 Views 0 comment Print

DCIT Vs Saurabh Mittal (ITAT Jaipur) In absence of any contrary fact, the mere reliance by the Assessing Officer on the report of Investigation Wing, Kolkata is not sufficient to establish the fact that the transaction is bogus. The finding of the Assessing Officer is based merely on the suspicion and surmises without any tangible […]

Section 50C not applies to transfer of booking rights and to right to purchase flats

August 29, 2018 1530 Views 0 comment Print

Baniara Engineers Pvt. Ltd Vs. ITO (ITAT Kolkata) From the reading of Sec. 50C, it is evident that Sec. 50C is a deeming provision and it extends to only to land or building or both. Section 50C can come into play only in a situation where the consideration received or accruing as a result of […]

GST Audit and Reconciliation

August 29, 2018 49233 Views 0 comment Print

With a year passed on after the implementation of GST and also the 1st financial year ended on 31st March, 2018, time is to be ready for filing of GST Annual Return and conducting GST Audit along with Reconciliation with books of accounts. GST is a trust based taxation regime wherein the registered dealer is […]

IBBI: Cleaning the Cleaners – Found IP contravening Code of Conduct & IBC, 2016

August 29, 2018 975 Views 0 comment Print

On 23rd August 2018, the IBBI issued a 19 page order signed by the WT Director and also by the Chairman of IBBI. It was dedicated to ONE man, Mukesh Mohan, who had contravened provisions of sections 17, 18(f), 20, 23, 25(2)(h) and (j), 29A, 43, 45, 50, 66, 196 (1)(g), 206, 208 (2)(a) and (e) of the Insolvency Code. Not just that, he had also contravened regulation 7(2)(a)(h) and (i) of the IBBI IP Regulations. Furthermore, he was credited with contravention of clauses 1,2,3,5,9,10,11,12,13,14,15,16,17,19,24 and 25 of the Code of Conduct appended to IBBI IP Regulations. Lastly he was also found to have contravened Regulations 6(3), 13, 27(a) and 36 of the IBBI IRP for CP Regulations. While most of us are unaware or don’t care about the numerals mentioned above, but it is important to understand the breadth of the achievements of man and the detailed extent to which the Board goes about in military precision to clean up the dirt created by one of its own. The success of the most ambitious reform is so critically dependent on the fulcrum of the Institution of the Insolvency Professional that it needs to be constantly guarded and protected from the few bad apples within. Some of the statements/observations made in the 19 page report are subtle, while some are sharp, gives the nation an assurance that the men in charge mean business.

Mere charging of fee from student would amount to uncharitable activity

August 29, 2018 3744 Views 0 comment Print

Rama devi memoria society Vs Jcit (ITAT Delhi) Ld. CIT(A) while denying the exemption of Section 11 to assessee society has held that, since imparting of education is a matter of pure charity, therefore, the educational institution is not permitted to receive or recover the cost of charity from its beneficiary by way of fees, […]

2% hike in DA for central government employees wef 1st July 2018

August 29, 2018 5199 Views 0 comment Print

Cabinet approves additional 2 percent Dearness Allowance (DA) for Central Government employees and Dearness Relief (DR) to pensioners w.e.f. 1st July, 2018 The Union Cabinet, chaired by the Prime Minister Shri Narendra Modihas approved to release an additional instalment of Dearness Allowance (DA) to Central Government employees and Dearness Relief (DR) to pensioners w.e.f. 01.07.2018 […]

Annual expenses on WAN and & local hardware are allowable as revenue expenditure

August 29, 2018 537 Views 0 comment Print

ACIT Vs M/s Linde Engineering India Pvt. Ltd. (ITAT Delhi) Assessee incurred license expenses towards WAN and local hardware, annual fee which has been treated by Assessing Officer to be capital expenditure. It is observed that assessee has to incur these expenses annually on which tax has been deducted. Assessee claimed license expenses of 49,62,461/- […]

Arun Jaitely Puts 15 Questions on Rafale before Rahul Gandhi & Congress

August 29, 2018 1221 Views 0 comment Print

Arun Jaitley Why these questions? Considering the security environment around India, the highest standards of defence preparedness are required. After the Kargil experience, the Armed Forces and the Raksha Mantralaya were of the opinion that combat ability of the Indian Air Force to strike at targets needs to be radically improved. This need was first […]

Intimation to Regional Authorities about Block-wise fulfilment of EO under EPCG Scheme

August 29, 2018 705 Views 0 comment Print

The Para 5.14(b) of Hand book of Procedures 2015-20 amended to facilitate intimation to Regional Authorities without digital signature vide Public Notice No. 32/2015-20, Dated the 29th August, 2018

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