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Archive: February, 2019

Posts in February, 2019

Order 22/2019: Promotion of 542 officers in JCIT grade in Level 12

February 6, 2019 3036 Views 0 comment Print

Promotion of the 542 officers in the grade of Joint Commissioner of Income Tax in Level 12  vide Office Order 22 of 2019 Dated 6th February, 2019. F. No. A-32012/4/2017-Ad.VI Government of India Ministry of Finance Department of Revenue (Central Board of Direct Taxes) * * * * * New Delhi, dated the 6th February, […]

Addition not allowed if based solely on Third Party Statement & if his Cross Examination not allowed by AO

February 6, 2019 5982 Views 0 comment Print

We do not have any hesitation is holding that when the addition is made solely on the basis of statement the third party and revenue does not have any other evidences, then without granting opportunity of cross examination , such addition cannot be made.

Income Tax exemption upto Rs. 5 lakhs: All you want to know

February 6, 2019 39540 Views 2 comments Print

The announcement made by the Finance Minister (FM)  of no tax liability for income upto Rs. 5 lakhs created euphoria initially. This  most beneficial proposal in the budget evinced the maximum interest and as well as also created maximum amount of  confusion in the minds of taxpayers till the dust settled down on the proposal […]

No Penalty for Delay in filing of tax audit report due to Virus in computer system or for mere technical venial breach

February 5, 2019 2094 Views 0 comment Print

M/s. Johns Biwheelers Vs. ACIT (ITAT Cochin) In this case, the assessee was required to get his books of account audited and filed along with the return of income u/s. 44AB within the due date of 30/09/2013 for the assessment year 2013-14. However, the audit report was furnished only on 28/03/2014. The contention of the […]

SC order on resolution plan for Kamineni Steel & Power

February 5, 2019 4077 Views 0 comment Print

K. Sashidhar Vs Indian Overseas Bank & Ors. (Supreme Court of India) In the present case, however, we are concerned with the provisions of I&B Code dealing with the resolution process. The dispensation provided in the I&B Code is entirely different. In terms of Section 30 of the I&B Code, the decision is taken collectively […]

Benefit of section 10(37) cannot be denied for acquisition through negotiated sale deed

February 5, 2019 2859 Views 0 comment Print

Merely because the sale price is fixed through a negotiated settlement will not take away the proceedings from the Land Acquisition Act when the relevant provision of the Act are invoked.

Mandatory pre-deposit can be made through CGST Credit

February 5, 2019 12552 Views 1 comment Print

The learned AR also accepted the legal position that mandatory pre-deposit can be made through the CGST Credit. In view of this fact, we are of the opinion that the objection raised by the Registry is not tenable

Exemption u/s. 54F on multiple units in same building received under JDA

February 5, 2019 4557 Views 0 comment Print

Smt. Roopa Vs ITO (ITAT Bengalore) ITAT held that assessee’s claim for exemption u/s 54/54F of the Act in respect of 2 flats in the same residential building complex is squarely covered in favour of the assessee by the decision of the Hon’ble Karnataka High Court in the case of CIT Vs. Smt. K. G. […]

Reopening based on reason to suspect is invalid

February 5, 2019 2340 Views 0 comment Print

Urvish B. Mehta Vs ITO (ITAT Mumbai)  “reason to believe”and not “reason to suspect” The undisputed facts are that, the Assessing Officer received information from the DGIT (Inv.) Mumbai who in turn has got the same from the Sales Tax Department. The information was in the form of statements/affidavits which stated that the suppliers admitted […]

Declaration of Commencement of Business for companies incorporated after 01.11.2018

February 5, 2019 4119 Views 1 comment Print

A company incorporated on or after 2nd November, 2018, The Companies (Amendment) Ordinance), 2018 shall not commence its business or exercises any borrowing powers unless:- √ A declaration is filed by a director with ROC within a period of 180 days from incorporation of company that every subscriber to the MOA has paid the value of the […]

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