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Archive: March, 2019

Posts in March, 2019

Provisional property attachment in terms of Section 83 of CGST Act

March 24, 2019 25242 Views 3 comments Print

Whether Section 83 of CGST provides for provisional attachment of any property, including bank account of the taxable person during the course of Investigation i.e., before issuance of SCN /Assessment order/notice?

Class Action under the Companies Act, 2013

March 24, 2019 6822 Views 0 comment Print

Introduction A Class Action is one where a class or group of people with a common grievance join hands to seek relief. It is a cost effective procedural device whereby few people can sue for the advantage of a larger group. The concept of a class action has been part of the legal system of […]

Reopening u/s 148 not sustainable in absence of reason to believe that income has escaped assessment

March 23, 2019 13275 Views 0 comment Print

Basic requirement of reopening of assessment is ‘reason to believe’ that the income has escaped assessment without which reopening under Section 148 of Income Tax Act, 1961 is is not sustainable

AO must prove that sale of agricultural land is in the nature of trade to tax gain as business income

March 23, 2019 2751 Views 0 comment Print

Sale of Agricultural Land by the assessee was not ‘adventure in the nature of trade’ and therefore, profit earned on such sales cannot be taxed as business income.

How to Claim Deduction of Interest Payments on Home Loan of Under-construction House

March 23, 2019 76758 Views 12 comments Print

A home loan must be taken for the purchase/construction of a house and the construction of the house must be completed within 5 years from the end of financial year in which loan was taken. If you are paying EMI for the housing loan, it has two components – interest payment and principal repayment. The […]

GST on Fixed Assets

March 23, 2019 222054 Views 14 comments Print

GST Provisions for Fixed Assets Background Fixed Assets were subjected to separate provisions under Excise and Service Tax under Cenvat credit rules, 2004. There were several restriction on availability of Cenvat credit, Sale and disposal of Fixed Assets under the previous regime. Under GST, the provision are more liberal as compared to rules under Excise […]

GST Impact: Transfer of Business conversion of Pvt Ltd to LLP

March 23, 2019 42213 Views 1 comment Print

Company Act, 2013 or LLP Act, 2008 allows companies or LLP or Partnership Firms to change their constitution or convert them i.e. from Private limited to LLP or any other combination. In such a situation, it’s very important to understand the impacts of the GST. We observed that their merger, demerger or amalgamation or conversion […]

SEBI circular on Valuation of money market & debt securities

March 23, 2019 1794 Views 0 comment Print

Valuation of money market and debt securities which are rated below investment grade:2.1 In order to have uniformity and consistency across the Mutual Fund industry on valuation of money market and debt securities rated below investment grade, the following has been decided:

CESTAT expresses serious concern on communications to appellants citing Asian Resurfacing case

March 23, 2019 1800 Views 0 comment Print

Vijayanagar Sugars Pvt Ltd Vs Commissioner of Central Excise, Customs And Service Tax (CESTAT Bangalore) These applications of M/s Wellcast Steels Ltd, M/s Vijayanagar Sugars Pvt Ltd and of Shri R Rajendra Kumar under section 35F of Central Excise Act, 1944, read with section 35C(2A) of Central Excise Act, 1944 and with rule 41 of […]

CAIT not happy with calling of GST as ‘ Gabbar Singh Tax’

March 23, 2019 1476 Views 1 comment Print

Dear Shri Rahul ji,We have come across one of your statement made yesterday at a Rally that traders are suffering from GST and if you come to power you will abolish Gabbar Singh Tax as called by you for GST.

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