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Archive: 18 March 2019

Posts in 18 March 2019

GST, Income Tax, Company Law, LLP Compliance Book 2019

March 18, 2019 16608 Views 0 comment Print

As you know, our profession is growing exponentially and the main reason is change. Today we are seeing amendments and modifications in almost all laws and are at a stage where we have to transform our thought process and discover new ways of performance. It is time for us to see that clients see value […]

Deduction for Removal of Encumbrance U/s 48(1) of Income Tax Act

March 18, 2019 3804 Views 1 comment Print

Introduction: Computation of Capital gain has always been a complex provision under the Income-tax Act. New controversies are created dime a dozen merely because the amounts involved are usually large in case of capital gain assessments.  A controversy arises where the purchaser of the land makes payment to seller for the land and further makes […]

Entities into which FDI can be made

March 18, 2019 13989 Views 0 comment Print

For a country where capital is not readily available, Foreign Direct Investment (FDI) has been an important source of funds for entities. I would like to share my views on entities into which FDI can be done. ENTITIES INTO WHICH FDI CAN BE MADE 1. Partnership Firm / Proprietary Concern 2. Venture Capital Fund 3. […]

Where to Keep Books of Accounts of Company?

March 18, 2019 11661 Views 0 comment Print

In most of the cases directors of the company are in view that the Books of Accounts are to be kept at registered office of the company since mostly a promoter of start-ups Incorporate a Company using its own residential address as a Registered Office address and then start a business on rented premises. This […]

No addition for duly explained Past Savings Kept in Locker

March 18, 2019 1335 Views 0 comment Print

Shri Dinesh Goswami Vs DCIT (ITAT Indore) When Source of Income Fully Explained Past Savings Kept in Locker is Justifiable in Law FACTS – Search was carried out on 30.11.2012 on the premises of assessee. Notice u/s 153A was issued to assessee to file return for AY 2007-08 to AY 2012-13. During the search cash […]

Erroneous TDS claim not authorise AO to bring professional receipts to tax

March 18, 2019 1284 Views 0 comment Print

Where assessee had erroneously taken credit for prepaid taxes on account of gross professional receipts as per Form 26AS ; then having regard to Rule 37BA, Revenue would be justified in denying credit for such amount of prepaid taxes which were not assessable during the year on the basis of regular method of accounting followed by the assessee.

Section 40(a)(ia) can’t be invoked in absence of amount claimed as expenditure

March 18, 2019 3021 Views 0 comment Print

Section 40(a)(ia) can be applied only when amount sought to be disallowed has been claimed as an expenditure/deduction. In absence of the amount having been claimed as expenditure while determining the income, dis allowance would not be attracted.

Applicability of transfer pricing provisions to investment made on capital account

March 18, 2019 13248 Views 0 comment Print

Transfer Pricing provisions on shares purchased at value in excess of FMV was not applicable as the same could only be invoked to bring to tax any income arising from an international transaction.

Recent Developments in GST on Real Estate

March 18, 2019 7782 Views 0 comment Print

The 33rd meeting of GST Council was held on 20.02.2019 which was later adjourned to 24.02.2019.  In a major move, GST Council recommended a much needed breather to real estate sector so much so that it would be beneficial to both – builders-developers as well as buyers and this sector, already reeling under slow down / recession will be able to see demand picking up due to lower GST.

Bogus Purchase: AO cannot ignore PAN, VAT Returns without any inquiry at his end

March 18, 2019 1476 Views 0 comment Print

DCIT Vs. PES Installations Pvt. Ltd. (ITAT Delhi) In paper book filed before us at page 222, copy of remand report has been placed. Ld. AO observed therein that, mere filing PAN numbers or assessment particulars, VAT returns and copy of sales tax RC etc., do not establish identity of persons. He further notes that actual and true […]

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