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Archive: September, 2018

Posts in September, 2018

Secretarial Standard – SS-4 on Report of Board of Directors

September 24, 2018 24252 Views 0 comment Print

After issuing SS1, SS2 and SS3, today ICSI notified Secretarial Standard on Board Report effective from October 1, 2018. Currently it is voluntary for adoption by the Company

AO has to strike off & specify the limb to initiate penalty proceedings

September 24, 2018 1398 Views 0 comment Print

Deutsche Bank Ag, Mumbai vs. ADIT (International Taxation) (ITAT Mumbai)- Assessing Officer has to strike off and specify the charge/limb for which he is proposing to initiate penalty proceedings under section 271(1)(c): Deutsche Bank case

Request for extension of filing timeline for audit U/s. 4 of RERA 2016

September 24, 2018 5964 Views 0 comment Print

We are presenting before your good selves the difficulties and hardship faced by the trade sector and consultants at large in the domain of RERA implementation. We herein seek your redressal mechanism to alleviate the concerns and seek a reasonable extension of due date for furnishing audit certificate.

Submission of MVAT Audit Report in Form 704 for F.Y. 2017-18

September 24, 2018 98499 Views 0 comment Print

A facility to upload of Audit Report in Form e704 has been made available on website www.mahagst.gov.in to the dealers who are eligible to file such audit report as per the provisions of Section 61 of MVAT Act, 2002 read with Rule 66 of MVAT Rules, 2005.

Web Hosting Services to Indian Entities cannot be treated as FTS

September 24, 2018 1575 Views 0 comment Print

M/s. Savvis Communications Corporation Vs DCIT- International Taxation (ITAT Mumbai) Undoubtedly, when the assessee receives an income on account of allowing a customer to use a scientific equipment, it does become taxable for the reason of its being characterized as such, but the use of a scientific equipment by the assessee, in the course of […]

Delhi VAT: Interest allowable on Pre-Deposit Refund paid for filing Appeal

September 24, 2018 3258 Views 0 comment Print

MRF Ltd. Vs Commissioner of Trade and Taxes (Delhi High Court) Pre-deposit sums which the assessee is compelled to pay to seek recourse to an appellate remedy, do not necessarily bear the stamp or character of tax, especially when it succeeds on the particular plea. That being the case, the insistence upon a procedural step, i.e. filing of a form […]

HC imposes cost on AO for passing whimsical order suffering from malice-in-facts & law

September 24, 2018 1902 Views 0 comment Print

M/s. Kalyani Motors Pvt Ltd Vs Deputy Commissioner of Commercial Taxes (Karnataka High Court) After hearing the learned counsels, this Court is surprised and is pained by the manner in which the authority has passed the impugned reassessment order in the second round of assessement for the period 04.0211 to March 2012 just ignoring the […]

Gain from High volume of trade in shares held for very short period is Business Gain

September 24, 2018 1392 Views 0 comment Print

Vidyasagar M.P. Sah Vs DCIT (ITAT Mumbai) In this case Though activity of purchase and sale of shares was not the main occupation of assessee, however, high volume of trade in shares, and very short holding period showed that assessee was using his knowledge, skill and resources to deal in shares, and gains arising on […]

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

September 24, 2018 4497 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 Be Treated as Undisclosed Income of Company: Madras HC

September 24, 2018 1170 Views 0 comment Print

Madras HC: Share allotment against pre-existing liability isn’t unexplained cash credit u/s 68, especially when no cash is involved.

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