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Archive: 25 December 2018

Posts in 25 December 2018

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 16, 2024 3858 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 14, 2024 3501 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

No penalty for mere non-reflection of Income surrendered voluntarily in ITR

December 25, 2018 3156 Views 0 comment Print

Where assessee had already paid income-tax on the amount surrendered during the course of survey, it could not be said that the surrendered income was not voluntary and the assessee wanted to conceal the income, therefore, imposition of penalty under section 271(1)(c) was not justified.

Reopening merely on the basis of information received without application of mind by AO is invalid

December 25, 2018 5091 Views 0 comment Print

Reopening of assessment beyond four years merely on the basis of information received, however, without pointing out failure of assessee to furnish truly and fully all material facts was not valid.

Assessment U/s. 153A invalid in absence of valid search at assessee’s business premises

December 25, 2018 4230 Views 0 comment Print

Where valid search was not conducted at assessee’s business premises then until and unless AO assumes valid jurisdiction under section 153A, assessment, therefore, made in consequence of notice issued under section 153A, was invalid and void ab initio.

Delay in hearing Miscellaneous Applications by ITAT: HC expresses displeasure

December 25, 2018 345 Views 0 comment Print

Lupin Investments Pvt. Ltd vs. ITAT (Bombay High Court) HC observed that we are at a loss to understand as to why the Income Tax Appellate Tribunal has not communicated to the petitioner regarding fixing a specific date of hearing of a Miscellaneous Application invoking Section 254(2) of the Income Tax Act, 1961. In this […]

HC dismisses belated writ filed against non refund of seized cash

December 25, 2018 510 Views 0 comment Print

Kishore Jagjivandas Tanna Vs. JDIT (Bombay High Court) The Department in the Assessment Order expressly refers to this Court’s earlier order in the petitioner’s Writ Petition No.721 of 1988. Still it makes no order of refund. If this is an erroneous order and the Department failed to rectify it, then, the petitioner’s remedy was to […]

Categorical finding of fact by ITAT cannot be challenged as a substantial question of law

December 25, 2018 462 Views 0 comment Print

ITAT came to a finding that Motilal Oswal Investments Advisory Pvt. Ltd. was not a concern which could be included in the list of comparable companies. We do not think that these findings of fact are in any way perverse or vitiated by any error apparent on the face of the record which, in turn, would give rise to any substantial question of law.

Suggestions for simplifying GST Compliance procedures

December 25, 2018 12156 Views 0 comment Print

After implementation of Goods and Services Tax (GST), there was a common perception among general public that now compliances will be made very easy. But that perception shattered from the very first month of return filing. Over complicated forms, a non responsive portal, confused drafting, huge data compilation etc resulted in overall dissatisfaction among businessmen, […]

What are GST related Gifts from the bag of Santa Clause?

December 25, 2018 1863 Views 0 comment Print

31st GST Council Meeting held on Saturday, took decisions on ITC, Tax Slab Rates, Composition Scheme, Return Filing process etc. Leading to a wonderful gift to all taxpayers before Christmas from Santa Clause (through Government).

Companies (Amendment) Ordinance, 2018- 10 Things to know

December 25, 2018 2850 Views 1 comment Print

The Companies (Amendment) Ordinance, 2018 was promulgated on November 2, 2018. It amends several provisions in the Companies Act, 2013 relating to penalties, among others. Companies (Amendment) Ordinance, 2018 1. The issue of shares at a discount The Act prohibits a company from issuing shares at a discount, except in certain cases.  On failure to […]

Taxability of Gifts In India

December 25, 2018 11664 Views 7 comments Print

GIFT TAX: The tax levied on the gifts that you have received in money or its worth and which is over and above a certain set limit by the Indian law is known as gift tax. Income tax on gifts helps regulate the gives which is given to you by a person who is not a close relative as per the definition of Income Tax Law of India.

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