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Archive: 23 March 2019

Posts in 23 March 2019

No Service Tax on Site Formation & Clearance Services provided as Self-Service before Sale of Land

March 23, 2019 2613 Views 0 comment Print

Hallmark Infrastructure Pvt. Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) During the adjudication proceedings appellants have contended that the said activities were undertaken before sale of land took place, hence the service was a self-service and there is no service provider and service recipient relationship and therefore they are not liable for […]

Re-Opening not allowed for issue Investigated during original assessment

March 23, 2019 1338 Views 0 comment Print

The channel of movement of the fund, the source of the fund, purpose of investment and the ultimate destination of the fund, were all part of the record during the assessment proceedings. There is nothing in the reasons recorded by the Assessing Officer to suggest that, such investment is bogus.

HC explains Law on reopening to assess alleged Bogus Capital gains from penny stocks

March 23, 2019 2820 Views 0 comment Print

Purviben Snehalbhai Panchhigar Vs ACIT (Gujarat High Court) In the present case the Assessing Officer has heard the material on record which would prima facie suggest that the assessee had sold number of shares of a company which was found to be indulging in providing bogus claim of long term and short term capital gain. […]

In case of Encumbered Property, Stamp Duty value cannot be adopted as Sale Value

March 23, 2019 6702 Views 0 comment Print

Where property held by assessee was encumbered and, thus, she was not absolute owner of property, while computing capital gain arising from transfer of such a property, market value of property as taken for purpose of payment of stamp duty could not be adopted as sale consideration by applying provisions of section 50C.

DGFT amends Conditions of application for import of Pet coke

March 23, 2019 1731 Views 0 comment Print

Procedure for allocation of quota for import of (i) Calcined Pet Coke for use as Calcined Pet coke (CPC) in Aluminum Industry and (ii) Raw Pet Coke for CPC manufacturing industry is notified.

Period for installation & operationalisation of Radiation Portal Monitors & Container Scanner

March 23, 2019 561 Views 0 comment Print

The period for installation and operationalisation of Radiation Portal Monitors and Container Scanner in the designated ports is extended up to 30.06.2019.

Companies (Incorporation) Third Amendment Rules, 2019

March 23, 2019 4692 Views 0 comment Print

These rules may be called the Companies (Incorporation) Third Amendment Rules, 2019. They shall come into force on the date of publication in the official gazette.

It is mandatory to link your PAN with Aadhaar?

March 23, 2019 3093 Views 2 comments Print

Link your Aadhaar with PAN today to enjoy seamless Income Tax services online How to link your PAN with Aadhaar Through SMS facility Send SMS to 567678 or 56161 in following format: UIDPAN<SPACE><12 digit Aadhaar><Space><10 digit PAN> Example : SMS to 567678 or 56161: UIDPAN 111122223333 AAAPA9999Q Through a-filing portal go to www.incometaxindiaefiling.gov.in While e-filing Income […]

Disallowance U/s 40(a)(ia) cannot be made for shortfall due to difference of opinion as to taxability

March 23, 2019 1731 Views 0 comment Print

DCIT Vs Morgan Stanley (I) Capital (P) Ltd. (ITAT Mumbai) Conclusion: Where there was any shortfall due to any difference of opinion as to taxability of any item or nature of payments falling under various TDS provisions, assessee could be declared to be an assessee-in- default under section 201, however, no disallowance could be made […]

Income from leave and licence fee was property income not a business income

March 23, 2019 7461 Views 0 comment Print

Income derived by assessee from leave and licence fee was to be treated as income from house property not as business income as assessee company’s primary object was not to construct, develop and lease property out for earning rental income but to engage itself as real estate developer.

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