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Archive: 05 September 2018

Posts in 05 September 2018

AO cannot ignore reply submitted by Assessee related to cash deposit for Reassessment

September 5, 2018 8985 Views 0 comment Print

Hemant Manaharlal Shah (HUF) Vs ITO (Gujarat High Court)  The Assessing Officer formed a belief that income chargeable to tax has escaped assessment, on the ground that noticing a big mismatch between the returned income and cash transactions in the assessee’s bank accounts, queries were raised, which remained un­replied. This is contrary to the facts on […]

Amalgamation scheme devised to benefit few shareholder and to huge avoid tax cannot be approved: NCLT

September 5, 2018 3321 Views 0 comment Print

Scheme of Amalgamation and Arrangement between G Pvt. Ltd.  (‘Transferor Company’) and A Limited (`Transferee Company’) and their respective shareholders appeared to be unfair, unreasonable and was not in the public interest as the scheme was devised mainly to benefit the four share holders of G who were also the promoters of A (common promoters) and by this scheme, huge tax liability was being avoided, therefore, the Bench denied to sanction the scheme.

Significant Beneficial Owner- Conditions and Compliance

September 5, 2018 5916 Views 5 comments Print

As per Section 90(1) – Every individual, who acting alone or together, or through one or more persons or trust, including a trust and persons resident outside India, holds beneficial interests, of not less than 25% or such other percentage as may be prescribed, in shares of a company or the right to exercise, or the actual exercising of significant influence or control as defined in clause (27) of section 2, over the company.

GST, Excise, Service Tax, Customs & VAT updates for August 2018

September 5, 2018 3768 Views 2 comments Print

Indirect Taxes Updates- GST, Customs, Excise & Service Tax- Month – August 2018 (updated upto 5th Sept. 2018)  A. Amendment in Goods & Services Tax for the Month of August 2018 (updated upto 5th Sept. 2018) 1. Government notifies CGST GST Amendment Acts 2018 In order to give effect to decisions taken in 28th GST Council […]

Analysis of Changes In GST Rules vide Notification dated 04.09.2018

September 5, 2018 24285 Views 2 comments Print

Vide Notification No. 39/2018 – Central Tax dated 04.09.2018, CGST Rules have been amended for the eighth time in the current calendar year. Consequent amendments have also been made in the respective State Rules. Before we discuss the amendments, it may be noted that except otherwise stated, all the amendments shall come into force from 04.09.2018 itself.

Evidence submitted during assessment cannot be rejected merely for non submission at the time of seizure

September 5, 2018 1233 Views 0 comment Print

There is no requirement in law that evidence in support of its case must be produced only at the time when the seizure has been made and not during the assessment proceedings.

Penalty U/s. 271(c) not sustainable if notice not have specific charge

September 5, 2018 3678 Views 0 comment Print

As notice issued under section 274 read with section 271(1)(c) of Income Tax Act, 1961 did not specify particular viz., whether assessee had concealed particulars of income or had furnished inaccurate particulars thereof, hence, levy of penalty could not be sustained.

Provisions on Notional basis & not accrued liability not eligible for deduction

September 5, 2018 3222 Views 0 comment Print

Recently, in the Kanaka Mahalakshmi Cooperative Bank Ltd. vs. ACIT & vice-versa [ITA Nos. 299 & 300/VIZ/2017 and ITA Nos. 326 & 327/VIZ/2017, (A.Y.: 2012-13 & 2013-14), decided on 5.9.2018], there were cross appeals by the assessee and the Revenue for the AYs 2012-13 & 2013 & 14. In ITA No. 299/VIZ/2007, one of the ground related to the addition of Rs. 26,10,443/- on account of interest on reverse fund.

No Anti-Profiteering Under GST In Online Discounts

September 5, 2018 1143 Views 0 comment Print

As per GST law in India, the GST law contains a unique provision on anti-profiteering measure as a deterrent for trade and industry to enjoy unjust enrichment in terms of profit arising out of implementation of Goods and Services Tax in India, i.e., anti-profiteering measure would obligate the businesses to pass on the cost benefit arising out of GST implementation to their customers.

Your spouse can be a vehicle for tax savings

September 5, 2018 21738 Views 3 comments Print

Your spouse not only helps you in meeting your social and personal but also helps you in saving income tax as well. There are certain tax benefits by way of which you can enhance you tax savings through your spouse. Let us discuss some of important provisions. Expenses incurred for your children As per the […]

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