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Archive: 16 March 2019

Posts in 16 March 2019

Free Live Webinar: Dematerialization of Securities and Recent Amendments

July 2, 2024 2070 Views 0 comment Print

Join our free webinar on July 4th at 4:00 PM to gain insights into the dematerialization of securities and recent amendments. Register now for key updates.

Free Webinar: Analysis of 10 Recent Income Tax Judgments in Favour of Assessee

July 1, 2024 4029 Views 0 comment Print

Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.

Quickly understanding new GST Return formats effective from 01.04.2019

March 16, 2019 8121 Views 0 comment Print

Goods and Services Tax (GST) is a technology oriented tax with a focus to plug revenue leakages. There had been major changes in the procedures like returns, assessments amongst others since the new law had been enforced.

Defaults in Vendor payment obligations backfires in GST regime

March 16, 2019 6063 Views 0 comment Print

In this article we shall analyse how availment of input tax credit without discharging vendor payment obligation and non-discharge of GST obligation on payments made to unregistered vendors backfires in GST regime.

TDS under section 31 of MVAT Act after 1st July, 2017

March 16, 2019 5256 Views 0 comment Print

Certain queries have been received by this office seeking clarification with regards to applicability of TDS under MVAT Act after 1st July, 2017. The amended provisions are explained as follows:a) An employer should have deducted tax (TDS), in respect of a works contract, executed upto 30th June 2017, even if the amount is payable after 30th June 2017. But, in any case, no VAT TDS shall be done by an employer after 31St December 2018.

NCLT Has Jurisdiction Over Issues Related to Insolvency – Delhi HC

March 16, 2019 3777 Views 0 comment Print

National Company Law Tribunal shall have jurisdiction to entertain or dispose of any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under the Code

Legal Fees paid for transfer of Shares allowable as deduction from LTCG

March 16, 2019 12462 Views 0 comment Print

Legal and professional fees paid in connection with the transfer of shares was allowable as deduction from long term capital gain under section 48(i) as the expenditure incurred was wholly and exclusively in connection with the transfer of shares of the Indian Subsidiary.

Exemption U/s 54F allowable on capital gain on sale of depreciable assets

March 16, 2019 7266 Views 0 comment Print

Assessee was entitled to claim exemption under section 54F on gain earned on the sale of factory shed as factory shed inherently being long-term capital asset as per the provision of Section 2(42A) even if sale of factory shed was subject to short-term capital gain on the basis of deeming provision as specified under section 50.

Redemption fine for infraction of law not allowable U/s 37

March 16, 2019 2763 Views 0 comment Print

Assessee was not entitled to claim redemption fine as business expenditure under Section 37 as the same was for the infraction of law committed by assessee. 

Equality of Treatment at the Hands of Law is an Essential Attribute of Rule of Law: HC

March 16, 2019 573 Views 0 comment Print

Pr. CIT Vs M/s. Starflex Sealing India Pvt. Ltd. (Bombay High Court) Held- Court requested revenue that the State takes a consistent view and does not agitate matters on which the Court has already taken a view, without pointing out the earlier order of this Court to the subsequent Bench. Court’s endeavor is only to […]

No Transfer U/s 2(47)(v) in Absence of Registration of Agreement Under Indian Registration Act

March 16, 2019 9069 Views 0 comment Print

Section 2(47)(v) – SC has held in Balbir case that transfer of any immovable property in part performance of a contract of the nature referred in section 53A of Transfer of Property Act will be completed only when the agreement is registered under Indian Registration Act.

Subsequent Inquiry Based on Additional Material is Sustainable in Law

March 16, 2019 813 Views 0 comment Print

Kalsha Builders Pvt Ltd Vs ACIT & Ors. (Bombay High Court) Subsequent Inquiry Based On Additional Material is Sustainable In Law  And Requirement Of True And Full Disclosure Runs Through The Entire Assessment And Doesn’t End With Filing Of Return.  FACTS – Assessee, a registered company, is engaged in the business of developing real estate. […]

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