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Archive: 07 January 2019

Posts in 07 January 2019

AO not justified in insisting on payment of 20% of demand during pendency of appeal before CIT(A)

January 7, 2019 7656 Views 0 comment Print

Bhupendra Murji Shah Vs DCIT (High Court Bombay) We are not concerned here with the Circular of the Central Board of Direct Taxes. We are not concerned here also with the power conferred in the Assessing Officer of collection and recovery by coercive means. All that we are worried about is the understanding of this […]

Section 56(2)(vii)(b) applies to rural agricultural land acquired below stamp value

January 7, 2019 21378 Views 1 comment Print

The limited point of dispute is the nature of immovable property which has been purchased by the assessee. The assessee’s contention is that which he has purchased are three plots of agricultural land and the same doesn’t fall in the definition of capital asset as per the provisions of Section 2(14) of the Act and provisions of section 56(2)(vii)(b) cannot be invoked.

Rental income from Warehouse is taxable as Business Income

January 7, 2019 18267 Views 0 comment Print

DCIT Vs Maa Amba Towers Ltd. (ITAT Kolkata) Hon’ble Supreme Court in the case of Chennai Properties supra, we hold that the ld CITA had rightly directed the ld AO to treat the warehouse rentals as income from business and consequentially allow the expenditure claimed in the return as business expenditure. Accordingly,  Ground  raised by […]

GST on Banking Sectors- 65 FAQs

January 7, 2019 82782 Views 3 comments Print

Frequently Asked Questions related to Banking Sector Related on Goods & Services Tax (GST) released by CBIC (Updated as on 27.12.2018) Q.1 Whether Banks are required to capture the details of ATMs in registration certificate as a ‘place of business’? Ans:- No. Banks are not required to provide the details of ATMs while applying for […]

GST on Insurance Sectors- 11 FAQs

January 7, 2019 68811 Views 6 comments Print

Frequently Asked Questions related to Insurance Sector Related on Goods & Services Tax (GST) released by CBIC (Updated as on 27.12.2018) Q.1 What is the location of the supplier of service for fund management charges in ULIP policies? Ans: The fund management charges are charges towards managing and administering the fund. These funds are managed […]

GST on Stock Broking Services- 15 FAQs

January 7, 2019 62022 Views 4 comments Print

Frequently Asked Questions related to Stock Broking Services on Goods & Services Tax (GST) released by CBIC (Updated as on 27.12.2018) Q.1 In the case of stock broking, whether stamp duty or securities transaction tax or other Central or State taxes would be considered as a part of the value of supply as prescribed under Section […]

IMD bonds are securities and not fall within the meaning of any some of money

January 7, 2019 810 Views 0 comment Print

ITO Vs Shri Ashwin M. Savani (ITAT Mumbai) Issue of gift of Indian Millennium Deposit certificate is not taxable in the hands of the assessee who received the same upon gift and also under the terms and conditions as stipulated in the Indian Millennium Deposit Certificate. It was provided that the said certificates can be […]

Poly Propylene Leno Bags falls under HSN 3923 of GST Tariff: AAR

January 7, 2019 27666 Views 0 comment Print

In re M/s. Mahalaxmi Polypack Pvt Ltd. (GST AAR Uttarakhand) Identification of correct classification of Poly Propylene Leno Bags among heading no. 63063300 and 39232990 and rate of duty applicable Subject goods i.e. ‘Poly Propylene Leno Bags’ falls under HSN 3923 of the GST Tariff and therefore, supply of ‘Poly Propylene Leno Bags’, would be […]

LTC: TDS deductible on reimbursement to staff for foreign travel leg

January 7, 2019 4959 Views 0 comment Print

ITAT held that order of the ld CIT(A) is hereby affirmed where he has held the assessee bank to be assessee in default for short-deduction of TDS on LFC/LTC claim relating to foreign leg of the travel of its employees being not eligible for exemption under section 10(5) r/w Rule 2B.

Re-Constitution and Re-naming of Advisory Group of NFCSR

January 7, 2019 543 Views 0 comment Print

Re-Constitution and Re-naming of Advisory Group of National Foundation for Corporate Social Responsibility (NFCSR) as Governing Council, NFCSR

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