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Archive: 09 January 2019

Posts in 09 January 2019

Change in due date of Maharashtra VAT Audit report in Form 704

January 9, 2019 45864 Views 0 comment Print

Maharashtra Government notifies Change in due date of Maharashtra VAT Audit report in Form 704 to on or before 28th February of the immediate succeeding Financial Year.

HUF cannot be a partner in partnership firm; Belated return cannot be revised

January 9, 2019 42993 Views 1 comment Print

Ajay Kumar Gupta (HUF) Vs ACIT (ITAT Delhi) In our considered opinion, the Assessing Officer has rightly invoked section 154 because the assessee wanted to take benefit of the notification issued by the CBDT. In the present case, as per judicial precedents, the HUF itself cannot become a partner in the partnership firm and as […]

Deduction U/s 36(1)(ii) allowable on bonus paid to directors

January 9, 2019 37473 Views 0 comment Print

Candor Business Solutions P. Ltd. Vs ITO (ITAT Bangalore) Conclusion: Where bonus has been paid to directors for the services rendered and as part of a payment of employment, deduction of the same was to be allowed u/s. 36(1)(ii). Held: AO disallowed amount of bonus to director-shareholders of the assessee company u/s. 36(1)(iii). In the […]

Remuneration to partners not allowable if Assessee fails to comply with section 184(2)

January 9, 2019 3477 Views 0 comment Print

MART Vs ACIT (ITAT Delhi) The issue in dispute before us in respect of remuneration given to the partners, which has been disallowed in terms of section 185 of the Act, which says that “if a firm does not comply with the provisions of section 184 of the Act for any assessment year, then no […]

7 New releases on GST Portal as on 09/01/2019

January 9, 2019 31830 Views 2 comments Print

New functionalities /enhancements deployed on GST portal recently is given below: (A) Assessment and Adjudication: (i) Rectification of mistake in the order by the Adjudicating Authority: Errors or mistakes apparent on face of record can be rectified by the Adjudicating Authority, on basis of suo-moto rectification or upon receipt of an application from taxpayer, within […]

Expense incurred by Trust for private parent company outside India not allowable

January 9, 2019 846 Views 0 comment Print

M/s. Escorts Cardiac Disease Hospital Society Vs ITO (ITAT Delhi) Assessee is not running any hospital towards which this expense has been incurred. The assessee just conducted a seminar for the benefit of its parent body i.e. Escorts Hospital, which is a private company. The expense has been incurred outside India and therefore, it is a […]

Share valuation report without scientific basis can be rejected

January 9, 2019 3957 Views 0 comment Print

M/s. Innoviti Payment Solutions Pvt. Ltd. Vs ITO (ITAT Banglore) (1) The AO can scrutinize the valuation report and the if the AO is not satisfied with the explanation of the assessee, he has to record the reasons and basis for not accepting the valuation report submitted by the assessee and only thereafter, he can […]

Mere discrepancy in Form 26AS & 16 not amounts to concealment

January 9, 2019 2412 Views 1 comment Print

Taking into account the amount mentioned in Form 26AS it could not be said that the assessee had concealed amount or furnished inaccurate particulars of income. However, penalty was restricted to the tax sought to be evaded on the amount of commission income not disclosed by assessee.

Entering into Registered JDA is transfer under section 2(47)

January 9, 2019 2547 Views 0 comment Print

Since assessee along with his mother and siblings entered into a JDA with M/s. S, which was a registered document, therefore, on entering into JDA, there was a ‘transfer’ as per section 2(47) and consequently capital gain was attracted.

TCS U/s. 206C(1C) on Outsourcing of job for collection of toll tax

January 9, 2019 5013 Views 0 comment Print

DCIT Vs M/s. Ahmedabad Vadodara Express Way Co. Ltd. (ITAT Ahmedabad) It is seen that the assessees have given only permission to the collecting entities to collect the toll fees and maintain the toll plazas by employing a specified category of persons and supervise them and deposit the toll collection in the signatory account of […]

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