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Archive: 08 February 2019

Posts in 08 February 2019

Levy of advertisement tax by State govt is ultra vires post 101st amendment

February 8, 2019 3264 Views 0 comment Print

Pankaj Advertising Vs State of U.P. (Allahabad High Court) Allahabad High Court has held that levy and collection of Advertisement Tax by Nagar Palika Parishad, Hathras is without legislative/statutory competence and is ultra-vires Article 265 of the Constitution. The High Court observed that by 101st Amendment to the Constitution, Entry-55 of List-II of Seventh Schedule […]

CBDT Forms Committees on litigation management including International Good practices

February 8, 2019 1209 Views 0 comment Print

As per the discussion held during Judicial Conference held on 04.01.2019, a committee is being constituted to examine the suggestions/issues on litigation management emerging out of the Conference. The composition or the Committee is as follows:

Exemption U/s 54B allowable on Jirayat type of agricultural land as it was cultivable land

February 8, 2019 6141 Views 0 comment Print

Murtuza Shabbir Jamnagarwala Vs ITO (ITAT Pune) Conclusion: Assessee was entited for exemption u/s. 54B as the land transferred by assessee was “Jirayat” type of agricultural land and the same was cultivated land as “Jowar crop” was grown on the same in last four years in line. Held: Assessee, along with other two co-owners, entered […]

MAHARERA: Approval of Association of Allottees for order U/s. 7(3)

February 8, 2019 15684 Views 0 comment Print

In cases, where the promoter of a MahaRERA registered project is unable to complete the project in the extended time of one year, granted under Section 6, further extension may be given only in those cases where the concerned association of allottees resolve that instead of revoking the registration, the existing promoter be permitted to complete the project in a specific time period and on payment of same fees as prescribed under the Rules for extension.

Criteria for Physical settlement of stock derivatives

February 8, 2019 774 Views 0 comment Print

In addition to the existing schedule of stock derivatives moving to physical settlement, if a stock satisfies any of the following criteria, then derivative on such stock shall be moved to physical settlement from the new expiry cycle.

Addition of debatable nature cannot be subject of Section 154 rectification

February 8, 2019 1863 Views 0 comment Print

ACIT Vs Shri Punit J. Patel (ITAT Mumbai)  In application u/s.154 of the Act, the assessee has asked for rectifying the addition made of long term capital gains on sale of shares of Tripex overseas as undisclosed income. It is the assessee’s claim that the AO has made addition of Rs.3,86,192/- alleged to be bogus […]

ITAT should give independent reasons showing consideration of submissions by assessee

February 8, 2019 723 Views 1 comment Print

Cheryl J. Patel Vs ACIT (Bombay High Court) While discussing various issues, the Tribunal has not given any independent reasons showing consideration of the submissions made on behalf of the assessee. We are conscious of the fact that an appellate order which affirms the order of the lower authority need not be a very detailed […]

Interest disallowance justified for Interest-free loan to sister concern for non-commercial expediency

February 8, 2019 2373 Views 0 comment Print

Where assessee-company had advanced interest-free loan to its sister concerns out of interest bearing fund, the disallowance under section 36(1)(iii) was proper because the loan could not be said to have been given out of commercial expediency, when the two concerns had independent lines of manufacturing and were manufacturing different products.

BSE issued circular on Filing of Annual Reports In XBRl Mode

February 8, 2019 23028 Views 0 comment Print

The Bombay Stock Exchange issued Circular no. LIST/COMP/40/2018-19 Dated 08.02.2019 on Filing of Annual Reports in XBRL Mode for Listed Companies. In continuation to the Circulars to the Companies dated November 30, 2015, March 11, 2016 and March 16, 2016 with regards to mandatory filing of information with the Exchange in electronic mode, the Exchange has introduced facility […]

3rd Corrigendum to Income Tax Circular No. 1/2019 Dated.01.01.2019

February 8, 2019 3948 Views 3 comments Print

In Circular No.1/2019 dated 1st January, 2019 on the above-mentioned subject, the provisions of section 8OTTB were inadvertently not correctly explained in para 5.5.12 of the circular. The correct position of the admissibility of deduction under section 8OTTB is provided as under:-

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