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Archive: 21 January 2019

Posts in 21 January 2019

Exemption U/S 54B Available for Purchase of Agricultural Land in Son’s Name

January 21, 2019 5286 Views 0 comment Print

Balu Vitthal Kharate Vs ACIT (ITAT Pune) Amendment to section 55A is effective from 01.07.2012 and the same doesn’t have retrospective effect. Exemption u/s 54B cannot be denied on the base that the land was purchased in son’s name when the new land was used for agricultural purpose. FACTS – Assessee, along with 5 other […]

How to download GST Registration Certificate from GST Portal

January 21, 2019 19161 Views 0 comment Print

As important as registering yourself under Goods and Service Tax (GST), it is equally important for you to obtain the GST registration certificate. This GST registration certificate can be obtained from the common GST portal. This article we will discuss in details about the steps to be followed to download the GST registration certificate from the GST […]

News of mass prosecution notices for small TDS default is completely misleading: CBDT

January 21, 2019 13590 Views 1 comment Print

Central Board of Direct Taxes (CBDT) today said that certain news items that appeared in a section of media regarding enmasse issue of prosecution notices to small companies for TDS default are completely misleading and full of factual inaccuracies. CBDT clarified that Mumbai Income Tax TDS office has issued prosecution show cause notices only in a limited number of big cases where more than Rs. 5 lakh of tax was collected as TDS from employees etc and yet the same was not deposited with the Income Tax Department in time.

IBC: Immovable property Lease rent dues are not Operational Debt

January 21, 2019 8769 Views 0 comment Print

Mr. M. Ravindranath Reddy Vs Mr G. Kishan & Ors. (NCLAT) Whether a landlord by providing lease, will be treated as providing services to the corporate debtor, and hence, an operational creditor within the meaning of Section 5(20) read with Section 5(21) of the ‘Insolvency and Bankruptcy Code, 2016? For an amount to be classified […]

Appointment of Special auditor U/s. 142(2A) at fag-end of expiry of limitation is illegal

January 21, 2019 4548 Views 0 comment Print

Where special auditor was appointed under section 142(2A) at fag-end of expiry of limitation to pass assessment order and for sole purpose of extending limitation period for assessment order, i.e., just before 23 days in expiry limitation under section 153(1) such appointment was illegal and invalid therefore, to be quashed.

IRDAI (Insurance Brokers) (First Amendment) Regulations, 2018

January 21, 2019 1530 Views 0 comment Print

These Regulations may be called the Insurance Regulatory and Development Authority of India (Insurance Brokers) (First Amendment) Regulations, 2018.

No exemption U/s 54F on failure to deposit unutilized amount of capital gain within time

January 21, 2019 1338 Views 0 comment Print

Assessee is not entitled to the claim of deduction under section 54F of the Act as the assessee has failed to deposit the unutilized amount of capital gains in the capital gains scheme account by the date of filing of return of income.

Temporary /makeshift superstructure not eligible for Section 54F exemption

January 21, 2019 5724 Views 0 comment Print

Shri Harshad M Thakkar (Gandhi) Vs DCIT (ITAT Ahmedabad) We are at loss to understand as to how the factual aspects like lack of basic amenity and a non-descript temporary makeshift shelter/ superstructure of insignificant worth can convert a land into a residential house. The vast open land with naturally grown grass, a grossly asymmetric […]

Fema: Reg. opening of project office relating to defence sector in India

January 21, 2019 1116 Views 0 comment Print

In the case of proposal for opening a project office relating to defence sector, no separate reference or approval of Government of India shall be required if the said non-resident applicant has been awarded a contract by/entered into an agreement with the Ministry of Defence or Service Headquarters or Defence Public Sector Undertakings.

Non-Operation of a Centralised System not an Excuse to delay Service Tax Payment & avoid penalty

January 21, 2019 702 Views 0 comment Print

Meinhardt Singapore PTE. Ltd. Vs Commissioner of Service Tax (Delhi High Court) Whatever be the constraint, the assessee was faced with, it was duty bound to remit amounts collected by it towards service tax, in a planned manner, and as required by law. The deposit belatedly, by it, on the ground that the amounts were […]

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