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Archive: February, 2019

Posts in February, 2019

Addition based on seized document related to year different than notice issued U/s. 153C not valid

February 19, 2019 1065 Views 0 comment Print

Addition made under section 68 consequent to notice issued under section 153C was deleted because the AO had initiated assessment proceedings under section 153C for the relevant assessment years without pointing out or referring to any seized document belonging to those years and, therefore, there was no prima facierationale or logic behind issuing the said notice.

Section 153A Assessment -Incriminating material whether necessarily be discovered?

February 19, 2019 2835 Views 0 comment Print

After issuing notice under section 153A revenue can carry out re-assessment or assessment with respect to the six immediate prior years and the year in which the search is carried out. This does not require any incriminating material recovered on search relating to those prior years; in which there is no time left, on the date of search, for an assessment under section 143.

GST on Electricity Charges / services rendered by DISCOMS- FAQs

February 19, 2019 89127 Views 4 comments Print

Whether the Electricity Charges are taxable under GST? As per the notification No. 12/2017 (Central Rates) Dt: 28th June, 2017 as per the entry no.25 – ‘Transmission or distribution of electricity by an electricity transmission or distribution utility’ are taxable under GST @ ‘NIL’.

Reassessment without disposing of assessee’s objection is invalid

February 19, 2019 3519 Views 0 comment Print

Order of reassessment passed without disposing off the objection raised by assessee was invalid as assessee was entitled to raise objection against the reason given in reassessment notice and AO was under mandate to dispose of the same by a speaking order before proceeding to reassess the assessee’s income.

S. 195 TDS deductible on property purchase payment to GPA of NRI

February 19, 2019 12507 Views 0 comment Print

Shri Bhagwandas Nagla Vs ITO (International Taxation) (ITAT Hyderabad) Conclusion: TDS under section 195 was to be deducted in case payment for purchase of immovable property made to GPA (general power of attorney) holder of non-residents because, at best, GPA holder could be considered as only a conduit between assessee and the owners of property […]

STCG or LTCG on transfer of ESOP options depends on holding period

February 19, 2019 3390 Views 0 comment Print

Gain arising on transfer of ESOP options should be taxed as long term capital gains where the holding period was more than 3 years as assessee acquired a valuable and transferable right and the right of share constituted capital assets from the date of grant.

Declaration of Green Channel Berth of Visakhapatnam Port Trust as Customs Area-regarding

February 19, 2019 1734 Views 0 comment Print

MINISTRY OF FINANCE (Department Of Revenue) (OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS) NOTIFICATION No. 01/2019 (CUSTOMS) (NT)(VSP) Vishakhapatnam, the 19th February, 2019 Sub—Declaration of Green Channel Berth of Visakhapatnam Port Trust as Customs Area—regarding. S.O. 1021(E).—In exercise of powers conferred under sub-section (b) of Section 8 of the Customs Act, 1962 (52 of 1962), […]

Registration for Practical Training Assessment on March 22, 2020- ICAI

February 19, 2019 3147 Views 0 comment Print

The next practical training assessment test is being scheduled on March 10, 2018. The students who have completed their 1st/ 2nd year of practical training during the second/ third/ fourth quarter of 2018, i.e. April-June, 2018, July-September, 2018 and October-December, 2018 are eligible to appear in this test.

In-house corporate guarantee not liable to service tax

February 19, 2019 9339 Views 0 comment Print

CESTAT Chennai has held that commission received/paid for issuance of corporate guarantee to associate/subsidiary companies is not exigible to service tax under Section 65(12)(a)(ix) of Finance Act, 1994.

ITC of GST on Motor Car or Two Wheeler used for demo or Test Drive

February 19, 2019 18480 Views 2 comments Print

Input tax paid by a vehicle dealer on the purchase of motor car used for demonstration purpose of the customer can be availed as input tax credit on capital goods and set off against output tax payable under GST.

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