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Archive: 23 October 2018

Posts in 23 October 2018

Income tax (Dispute Resolution Panel) (First Amendment) Rules, 2018

October 23, 2018 1470 Views 0 comment Print

In the Income tax (Dispute Resolution Panel) Rules, 2009, in rule 14, for the words , figures and letter Form No.36B, the words, figures and letter Form No.36 as contained in Appendix-II to the Income-tax Rules, 1962 shall be substituted.

CBDT amends Form No. 36 & 36A of Appeal & Cross Appeal with ITAT

October 23, 2018 50754 Views 0 comment Print

CBDT vide Notification No. 72/2018 amends Form No. 36- Form of appeal to the Appellate Tribunal and Form No. 36A- Form of memorandum of cross-objections to the Appellate Tribunal.

Appellate Authority cannot review its own order under CS Act, 1980

October 23, 2018 1188 Views 0 comment Print

In view of our another Order dated 3rdFebruary, 2018 passed in an Appeal No. 10/ICSI/2015 namely Benny Methew vs. ICSI, we have already held that this Authority does not have the power to review its own Orders either expressly or by necessary implication.

No Default if TDS been deducted & Paid as per Certificate issue U/s. 197

October 23, 2018 2346 Views 0 comment Print

M/s Kribhco Shyam Fertilizers Ltd. Vs ITO (TDS) (ITAT Luknow) On general reading of provisions of section 197 of the Act, it authorizes the Assessing Officer to prescribe deduction of TDS at any lower rate provided the facts and circumstances justify such deduction. Clause (2) of section 197 of the Act further states that when […]

No disallowance u/s. 14A if Interest Income is more than Interest expense

October 23, 2018 4230 Views 0 comment Print

Where after setting off interest earned against the interest expenditure no further interest expense remains, then disallowance could not be made under section 14A.

Section 54: Date of unregistered agreement to sale can be taken as date of Transfer

October 23, 2018 9930 Views 0 comment Print

Gautam Jhunjhunwala Vs ITO (ITAT Kolkata) In order to avail the benefit of sec. 54 of the Act, one must purchase a residential house/new asset within one year before or two years after the date on which transfer of the old residential house in respect of which the long term capital gain had arisen. In […]

Income from agricultural land supervision is not agricultural income

October 23, 2018 3654 Views 0 comment Print

P.H.I. Seeds (P.) Ltd. Vs DCIT (ITAT Delhi) The factual matrix of the present case reveals that the farmer had entered into lease agreement with the assessee company and the farmer is the lawful owner of the land. The said farmers had leased the farm land to the assessee company which has handed it back to […]

CBIC Field formations to also defend cases on behalf of NAA (GST)

October 23, 2018 1653 Views 0 comment Print

Field formations shall henceforth, also defend the cases on behalf of National Anti‑profiteering Authority (GST), New Delhi pending before the Hon’ble courts.

Compensation for ‘loss of source of income’ is a capital receipt

October 23, 2018 6885 Views 0 comment Print

It was finally contended that the aforesaid compensation was determined and received on closure/ termination of its business activity resulting in to loss of source of income impairing its profit making structure or sterilization of profit making apparatus, therefore, the assessee company treated the same as Capital receipt not chargeable to tax and accordingly has shown the same under the head ‘Reserve and Surplus’.

Penalty U/s. 271B- Turnover means Actual TO not the TO declared in return

October 23, 2018 2265 Views 0 comment Print

Rajesh Agarwal Vs ITO (ITAT Kolkata) We have heard the arguments of both the sides and also perused the relevant material available on record. The first contention raised by the learned counsel for the assessee in support of the assessee’s case is that the gross receipts of his business as declared by the assessee in […]

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