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Archive: 21 March 2019

Posts in 21 March 2019

Temporary letting of property till Approval of Real Estate Project is Business Income

March 21, 2019 663 Views 0 comment Print

ITO Vs M/s. United White Metal Ltd. (ITAT Mumbai) We noticed that the rental income of the assessee was to the tune of Rs.2,16,00,000/- which has been shown as income from business. However, the AO declined the claim of the assessee on the basis of this fact that the no activity of business was going […]

Service rendered by ‘lead generator’ is not that of an ‘insurance agent

March 21, 2019 936 Views 0 comment Print

CESTAT held that service rendered by ‘lead generator’ is not that of an ‘insurance agent’ and, consequently, the commission paid by respondent to such entities are not liable to be included in the assessable value of the respondent for discharge of tax liability under Finance Act, 1994.

Section 43B does not contemplate liability to pay service tax before actual receipt

March 21, 2019 1164 Views 1 comment Print

Pr. CIT Vs Tops Security Ltd. (Bombay High Court) Section 43B does not contemplate liability to pay service tax before actual receipt of the funds in the account of the assessee. Hence the liability to pay service tax into the Treasury will arise only upon the assessee receiving the funds and not otherwise. Thus the […]

ITAT held reduction in rent as colorable device to reduce tax burden

March 21, 2019 771 Views 0 comment Print

Jaikishan Shyamsunder Vaswani Vs ACIT (ITAT Mumbai) It is noted that property situated at Flat No.72, L Block, Maker Tower, Cuffe Parade, Mumbai was actually let out to Bank of America during AY 2007-08 @ Rs.2 Lacs per month. However, this rent has drastically been reduced to Rs.25,000/- per month upon receipt of interest-free security […]

108 Economist Vs 131 CA- Tracking The Trial

March 21, 2019 10332 Views 4 comments Print

On 14th March 2019, The 108 economists and social scientists issued an open letter alleging that Indian statistics were “under a cloud for being influenced and indeed even controlled by political considerations.” In clear words they mention “[Any] statistics that cast an iota of doubt on the achievement of the government seem to get revised […]

Issuance of Preference Shares

March 21, 2019 31200 Views 1 comment Print

As per Section 43 of the Companies Act, 2013 Preference Share Capital, with reference to any company limited by shares, means that part of the issued share capital of the company which carries or would carry a preferential right with respect to: (a) payment of dividend, either as a fixed amount or an amount calculated […]

Holi with colors of GST! Enjoy It

March 21, 2019 10314 Views 2 comments Print

Pink color represents the clarification regarding to sales promotion. If Free samples and gifts are supplied without consideration under GST, ITC of such items cannot be claimed. Also, Buy one get one, quantity discount, sales promotion etc. related clarification regarding allowance of ITC has been issued. A useful circular for taxpayers.

No penalty u/s 271D for advance received from promoters in cash through Current A/cs

March 21, 2019 3006 Views 0 comment Print

 Penalty u/s 271D could not be imposed on assessee for advances against sale of flats and cash receipts received from the promoters through their respective current accounts as nothing had been brought on record by Revenue to show that the receipts were superfluous in nature and not for the business of assessee.

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