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Archive: 18 March 2019

Posts in 18 March 2019

Statutory audit delay is reasonable cause for delayed submission of tax audit Report

March 18, 2019 5988 Views 0 comment Print

Where there is a delay in completion of statutory audit, there exist a reasonable cause for the delay in completion of tax audit and issuance of tax audit report.

Assessment U/s. 153C without recording of satisfaction by AO of searched person is bad in law

March 18, 2019 1239 Views 0 comment Print

Salasar Dwellers Pvt. Ltd. Vs DCIT (ITAT Mumbai) Satisfaction in the case is not recorded by the AO of the searched party, which is a pre-condition for invoking jurisdiction u/s 153C of the Act and hence, the assessment framed u/s 153C read with Section u/s 143(3) of the Act is bad in law and hence, […]

Post Supply discount other than those covered by section 15(3) to be treated as non-payment

March 18, 2019 7980 Views 2 comments Print

There had been various contentions relating to post-supply discounts/incentives/rebates being given by the supplier to its customer. There are whole lot of transactions such as quantity based discounts, cash discounts, price adjustment etc. which have raised the complexity regarding levy of GST revolving around discount provisions. The wrong practices and the nature of transactions have […]

Section 10AA: Loss from eligible units can be set off against normal business income

March 18, 2019 3903 Views 0 comment Print

DCIT Vs Avtec Ltd. (ITAT Delhi) Deduction prescribed under section 10AA cannot be treated in the nature of exemption and as such, loss suffered by assessee in its unit eligible for deduction under section 10AA could be set off against normal business income. Keeping in view the fact that section 10AA makes the assessee eligible […]

GST Audit Fee: Business Houses And Auditors

March 18, 2019 24318 Views 0 comment Print

ON A HALF TRUTH: ONLY RECONCILIATION IS TO BE PREPARED BY THE GST AUDITOR Post reading this article one will appreciate that how an efficient audit can be a value addition tool to the business houses. Depth of procedures of auditors will lead to safeguard the registered person from facing the same issues in assessment. […]

Employee Stock Option Plan for an Unlisted Company

March 18, 2019 81441 Views 39 comments Print

CA Gourav Goyal Brief about Employee Stock Option Plan (ESOP) Employee Stock Option Plan (ESOP) is a frequently used incentive mechanism used by organizations. There are various reasons for which the employees of a company are given such stock options. The phenomena of stock options is more prevalent in start-up companies which cannot afford to […]

All about FCRA Registration, Prior permission, Eligibility & Compliance requirements

March 18, 2019 49596 Views 10 comments Print

The FCRA was enacted with the primary purpose of regulating the inflow of foreign contributions and ensuring that the received foreign contributions are not utilized for illegal purposes. All charitable organizations in India receiving foreign contributions come under the purview of this Act. Over the last few years, the Home Ministry has been scrutinizing the […]

Expense cannot be disallowed on Mere Suspicion of Non-Business purposes

March 18, 2019 2262 Views 0 comment Print

A mere suspicion that given the nature of expenses, it is likely that incurrence of such expenditure is for non-business purposes, in our view, cannot be a basis for making the addition in the hands of the assessee.

Addition invalid when no incriminating material was unearthed during search

March 18, 2019 849 Views 0 comment Print

Addition in respect of completed assessments u/s 153A be made solely on the basis of post search enquiry when no incriminating material was unearthed during search is not valid.

Another Step by Ministry to Track Shell Companies

March 18, 2019 3108 Views 0 comment Print

Another step has been taken by ministry for tracking shell companies and vanishing companies by introduction of E-Form ACTIVE (INC-22A).As the expansion of ACTIVE itself defines Active Company Tagging Identities and Verification, Ministry, through this e-form, has asked companies to geo-tag its registered office location and share the data related to compliance of registered office.

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