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Archive: 16 January 2019

Posts in 16 January 2019

Analysis of SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2018

January 16, 2019 21291 Views 0 comment Print

The Securities and Exchange Board of India (SEBI) has in exercise of powers conferred under Securities and Exchange Board of India, Act, 1992 has made the Securities and Exchange Board of India (Prohibition of Insider Trading) (Amendment) Regulations, 2018 to amend the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 Effective […]

Parity missing – NBFCs under Income Tax

January 16, 2019 15690 Views 0 comment Print

In this era of economy, Non-Banking Finance Companies (NBFCs) have been playing an important role in the Indian financial system by complementing and competing with banks, and by bringing in efficiency and diversity into financial intermediation. NBFCs have evolved considerably in terms of operations, asset quality and profitability, and regulatory architecture. Reserve Bank of India […]

Applicability of GST on completed Flats

January 16, 2019 116844 Views 11 comments Print

GST (goods and Service Tax) was introduced as an indirect tax chargeable on all supply of goods and services. In addition to this, GST is also made applicable to the supply of service in relation to the construction of buildings. However, the applicability of GST is not on completed constructions. In this article, we discuss […]

Addition for cash deposit in Bank cannot be made if Assessee duly explained source

January 16, 2019 4011 Views 0 comment Print

As assessee had duly proved source of cash deposit in her bank account to be opening cash balance and gift from her parents, no addition could be made under section 68.

No GST on Amount retained by Issuer bank as Merchant discount rate

January 16, 2019 14796 Views 0 comment Print

In re The Mobile Wallet Pvt Ltd (GST AAR Maharashtra) In fact there is one composite supply under GST, provided by the acquiring bank to the merchant establishment for which gross value of consideration is Merchant Discount Rate (MDR) which includes the interchange fee. Hence, the supply of Service of the issuing bank got subsumed […]

Genuineness of activities of Trust cannot be looked into at the time of granting registration U/s. 12AA

January 16, 2019 1191 Views 0 comment Print

Shree Vimalnath Jain Swetamber Mandir Trust Vs CIT (ITAT Raipur) We find that the learned Commissioner (Exemption) has refused registration under section 12AA of the Act to the assessee since donations received were not properly accounted for and also because that the objects of the Trust was for betterment of Jain Community and for benefit […]

No TDS U/s. 194J on charges paid to unqualified professional

January 16, 2019 18273 Views 1 comment Print

Nikhil Chandra Mitra Vs ITO (ITAT Kolkata) Disallowance of Rs.60,000/- made on account of accounting charges by invoking the provisions u/s 40(a)(ia) of the Act.  The assessee submits that the person whom the amount was paid was not a qualified professional and he was an accountant writing the accounts and hence 194J of the Act, […]

No addition u/s 68 for bogus LTCG without substantial evidence

January 16, 2019 2691 Views 0 comment Print

Since assessee had brought all the relevant material to substantiate its claim that transactions of the purchase and sale of shares were genuine and AO had brought nothing controverting material to deny the same, therefore, the long term capital gain (LTCG) on sale of shares of M/s. KAFL claimed as exempt by assessee could not be treated as bogus simply on the basis of some reports of investigation wing.

Mutual funds permitted to write call options under a covered call strategy

January 16, 2019 2115 Views 0 comment Print

Based on the suggestions of market participants and recommendations of Mutual Fund Advisory Committee (MFAC), it has been decided to permit mutual funds to write call options under a covered call strategy as prescribed below:

Consultation paper on design of commodity indices and product design for futures on commodity indices

January 16, 2019 438 Views 0 comment Print

Securities and Exchange Board of India Consultation paper on design of commodity indices and product design for futures on commodity indices 1. Objective 1.1. The objective of this consultation paper is to seek comments / views from the public on commodity index design and product design for futures on commodity indices. 2. Background 2.1. In […]

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