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Archive: 24 September 2018

Posts in 24 September 2018

Tax payable on Capital Gain if Possession handed over despite subsequent agreement cancellation

September 24, 2018 4158 Views 0 comment Print

CIT Vs Harbour View (Kerala High Court) We find that the Tribunal went wrong in holding that the possession was not handed over in pursuance of the agreement for sale as contemplated under section 53A of the TP Act. Once the sale agreement comes under the provisions of section 53A of the TP Act, handing […]

Share capital cannot regard undisclosed income company

September 24, 2018 942 Views 0 comment Print

V. R. Global Energy Pvt. Ltd Vs ITO (Madras High Court) Counsel argued, and rightly, that when there was no cash involved in the transaction of allotment of shares, provisions of Section 68 of the said Act treating it as unexplained cash credit are not attracted.  Learned counsel for the appellant assessee emphatically argued that inasmuch as the source […]

RBI broadened trading scope for banks, Government withdraws withholding tax- Blooms for Masala Bonds!

September 24, 2018 1239 Views 0 comment Print

Masala Bond are reckoned as most evolving and effectual debt instrument for the Indian Corporates with more option to blend their debt portfolio to optimize the borrowings and minimize the cost. The objective of Masala Bonds is to fund big projects and pacing the internal growth of the Corporates. The term Masala was used by the International Finance Corporation (IFC) to evoke the culture and cuisine of India.

No addition in Assessment U/s. 153A if No incriminating material found

September 24, 2018 3678 Views 0 comment Print

As assessment for impugned assessment year was not pending on the date of search, therefore, no addition could to be made in assessment framed under section 153A in the absence of any incriminating material found during search.

Extension of due date for filling ITR in respect of compulsory audit assessee

September 24, 2018 4329 Views 0 comment Print

THE WESTERN MAHARASHTRA TAX PRACTITIONERS’ ASSOCIATION Yadav Vyapar Bhavan, Shivaji Road. 602. Shukrawar Peth, Pune – 411 002 Phone 020-2447 0237. Website : www.wmtpa.org Email : office@wmtpa.org SS / WMTPA / IT representation /18-19 /0918 20th. September 2018 To, Shri Arunji Jaitley, Minister of Finance, Union of India, Now Delhi – 110 001 Sub: Extension […]

AAR cannot explain Legal procedure for cancellation of flat

September 24, 2018 5646 Views 1 comment Print

In re Kolte Patil Developers Ltd (GST AAR Maharashtra) Applicant asked ‘What is the legal procedure for cancellation of flat which is booked in pre-GST Regime and cancelled in post-GST Regime. Also, GST liability in cases where some small amount is retained, for cancellation (after discussion with customer).’ AAR held that  questions posed before us […]

GST Rate on supply of Solar Power Generating System

September 24, 2018 32400 Views 2 comments Print

In re Frizo India Private Limited (GST AAR Rajasthan) Applicable GST Rate on supply of Solar Power Generating System- In instant case the nature of work is of Erection, Procurement and Commissioning of Solar Generating System which falls under the ambit ‘Works Contract Services’ (SAC 9954) of Notification no. 11/2017 Central Tax (Rate) dated 28 […]

AAR cannot give ruling on how to Transfer ITC for claiming refund

September 24, 2018 621 Views 0 comment Print

In re Varun Beverages Limited (GST AAR Uttar Pradesh) How to transfer the portion of input tax credit as belonging to Sandila unit (covered by the infrastructure & industrial investment policy 2012 of the State of Uttar Pradesh for claiming refund of UP GST component paid in cash in the prescribed percentage of policy), lying […]

HC on indexation benefit on sale of inherited tenancy rights

September 24, 2018 12054 Views 0 comment Print

Dharmakumar C. Kapadia Vs ACIT (Bombay High Court) (i) In terms of Section 48 of the Act, the income taxable under the head ‘capital gains’ is to be computed after deducting from the full value of consideration received on sale of capital asset, the cost of acquisition and improvement of the asset. Section 49 of […]

NICAF files writ in Delhi HC against non extension of Tax Audit / ITR due date

September 24, 2018 17532 Views 4 comments Print

Northern India CA Federation Vs Central Board of Direct Taxes (Delhi High Court) Northern India CA Federation has filed a writ petition in Delhi High Court against non-extension of Tax Audit Report and the relevant Income Tax Return filing due date for Financial Year 2017-18 (i.e. A.Y. 2018-19). FULL TEXT OF THE HIGH COURT ORDER […]

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