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Archive: January, 2019

Posts in January, 2019

NDMC (Determination of Annual Rent) bye laws, 2009 are Ultra Vires of NDMC Act

January 22, 2019 4968 Views 0 comment Print

New Delhi Municipal Council Etc. Vs Association Of Concerned Citizens Of New Delhi And Others Etc. (Supreme Court of India) FACTS – NDMC made NDMC House Tax Bye-laws, 1962 and was published on 24th April, 1964. Section 60 empowers levy of taxes which includes property tax. NDMC adopted existing 1962 bye-laws in so far as levy […]

Survey Provisions in Income Tax- Section 133A

January 22, 2019 18228 Views 0 comment Print

Understand the provisions of Income Tax Section 133A for survey purposes. Learn about the authoritys power to enter and inspect books/documents at any place of business or profession.

Addition not sustainable for non-production of bill for sale of agricultural produce

January 22, 2019 3267 Views 0 comment Print

Smt. Annakkalanjiam Mathivanan Vs ACIT (ITAT Chennai) The Assessing Officer as well as the CIT(Appeals) have to appreciate the fact that the agricultural products in this country are traded in unorganized sector. The workforce in the agricultural sector is unorganized. When the agricultural products are traded in unorganized sector in the country, expecting the assessee […]

Taxability of the Joint development agreement (JDA) under GST- Part 1

January 22, 2019 26208 Views 2 comments Print

Taxability of transfer of the land development rights by the landowner has always been a subject matter of the dispute under the erstwhile regime of the service tax wherein department used to contend that the transfer of development right shall qualify as service leviable to service tax, unless such rights are transferred through registered document and same issue has been carried forward in the GST also.

International Payment Methods

January 22, 2019 7473 Views 0 comment Print

Payment is a Critical Phase in International Trade Transactions. To succeed in today’s global marketplace and win sales against foreign competitors, exporters must offer their customers attractive sales terms supported by appropriate payment methods. Because getting paid in full and on time is the ultimate goal for each export sale, an appropriate payment method must […]

Guidance Note on Dividend by ICSI

January 22, 2019 8916 Views 0 comment Print

GUIDANCE ON THE PROVISIONS OF SS-3 1. Ascertainment of amount available for payment/distribution as Dividend. 2. Declaration of Dividend 3. Entitlement to Dividend 4. Dividend in Abeyance 5. Payment of Dividend 6. Unpaid Dividend 7. Revocation of Dividend 8. Preservation of Dividend Cheques, Warrants and Dividend Registers 9. Disclosure

Penalty justified for failure to Furnish Tax Audit Report despite Due Date extension by CBDT

January 22, 2019 2133 Views 0 comment Print

The assessee had not filed the audit report in this case. The assessee was very casual and did not enter appearance for the show cause notice issued for imposition of penalty. The assessee has not made out a reasonable cause as mentioned u/s 273B of the I.T.Act for non-furnishing of audit report u/s 44AB of the I.T.Act. Hence, we are of the view that the penalty u/s 271B of the I.T.Act has been rightly imposed. It is ordered accordingly.

ICAI signs MoU with ICPA of Kenya

January 22, 2019 693 Views 0 comment Print

ICAI has signed a Memorandum of Understanding (MoU) with the Institute of Certified Public Accountants of Kenya (ICPAK) in Nairobi, Kenya on January 21, 2019.

How to view GST Prosecution Notice Issued by Tax Officials with FAQs

January 22, 2019 2163 Views 0 comment Print

A. FAQs on Viewing Prosecution Notice Issued by GST Tax Officials Q 1. What are Prosecution Proceedings? Ans Prosecution Proceedings are instituted against the taxpayers who are involved in cases of tax evasion beyond the specified limit and for which penal actions are applicable on specific events subject to certain conditions with varied quantum of […]

Issue & Service of Notice U/s. 148 is to be complied mandatorily: ITAT

January 22, 2019 15084 Views 0 comment Print

Charan Singh Vs ITO (ITAT Jaipur) (i) Under Section 148 of the Act, the issue of notice to the Assessee and service of such notice upon the Assessee are jurisdictional requirements that must be mandatorily complied with. They are not mere procedural requirements. (ii) For the AO to exercise jurisdiction to reopen an assessment, notice […]

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