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Archive: January, 2019

Posts in January, 2019

Income from Flats / Shops held as Stock-in-Trade is Business Income

January 4, 2019 11442 Views 2 comments Print

Haware Engineers & Builders Private Ltd. Vs DCIT (ITAT Mumbai) If a immovable property in the shape of flats / shops is held as stock-in-trade, then it becomes part of trading operations for the assessee and as a natural corollary, any income derived there-from would be Business Income and not Income from House Property. FULL […]

No addition for jewellery for mere non-match with description in Wealth-tax returns

January 4, 2019 2049 Views 0 comment Print

Rajkumar B. Agarwal Vs DCIT (ITAT Pune) No addition on account of jewellery items on seized documents did not tally with description of jewellery in Wealth-tax returns in case total weight of jewellery was same Conclusion: Where total gold jewellery in weight found at the time of search matched with the earlier declarations made by […]

S. 80HHB Sub-contractor for refinery shut down outside India is a Foreign Project

January 4, 2019 840 Views 0 comment Print

M/s. SPIC Jel Engineering Vs ACIT (Madras High Court) CIT (A) had gone through the agreement and the drawings, which were enclosed as annexures and found that the nature of work carried on by the assessee, as a sub-contractor, for the refinery shut down clearly comes within the scope of foreign project, more specifically, assembly […]

Two years of insolvency and Bankruptcy Code (IBC)

January 4, 2019 1890 Views 0 comment Print

The early harvest through the IBC process has been extremely satisfactory. It has changed the debtor – creditor relationship. The creditor no longer chases the debtor. In fact, it is otherwise. Upon constitution of the NCLT and the implementation of IBC its functionality had revealed the need for improvements in the law. Two legislative intervention since then have taken place.

Income / Losses declared by Investor Companies not a Sole Criterion to examine Creditworthiness

January 4, 2019 1332 Views 0 comment Print

Psychotropics Leasing & Finance (P) Ltd. Vs ITO (ITAT Delhi) The ld. CIT(A) appears to have stressed on the fact that the impugned share holders has shown meager income in their return of income. In our opinion, the income/losses declared by the investor companies is not a sole criterion to examine the creditworthiness of the […]

GST Council: 31 Meetings, 918 decisions & 294 notifications so far

January 4, 2019 1344 Views 0 comment Print

The GST Council has met 31 times so far. Till the 30th GST Council Meeting, a total of 918 decisions have been taken and 294 notifications have been issued by the Central Government. In the 31st GST Council Meeting held on 22nd December, 2018, a total of 29 decisions were taken which have been implemented through the issuance of the requisite notifications and Circulars.

Reassessment initiated for second time is valid if based on new Tangible Materials

January 4, 2019 3333 Views 0 comment Print

A. Sridevi Vs ITO (Madras High Court) Admittedly, the original return filed by the assessee did not reflect the subject matter income, namely, the advance made by the assessee to the said Nagarajan of a sum of Rs.2.75 crores. When the earlier reopening proceedings was initiated with issuance of notice under section 148, the assessee […]

GST Late Fees Fiasco And Solution

January 4, 2019 3804 Views 7 comments Print

When goods and service tax was introduced in India in July 2017 and first returns were filed in the Month of Aug. 2018, the first most controversial aspect of the GST was surfaced in the form of GST Late fees.

Govt collects Rs. 612653 crore as Indirect Tax during April-Nov, 2018-19

January 4, 2019 609 Views 0 comment Print

The total net indirect tax collection (inclusive of CGST, IGST and GST-Compensation Cess) in the current financial year during April-November, 2018-19 is Rs. 6,12,653.47 crore.

S. 195 not applies to Foreign agent commission & reimbursement of expenditure not taxable in India

January 4, 2019 1896 Views 1 comment Print

Foreign agent commission and reimbursement of expenditure were not taxable in India and hence, section 195 had no application.

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