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Archive: March, 2019

Posts in March, 2019

Redemption fine for infraction of law not allowable U/s 37

March 16, 2019 3054 Views 0 comment Print

Assessee was not entitled to claim redemption fine as business expenditure under Section 37 as the same was for the infraction of law committed by assessee. 

Equality of Treatment at the Hands of Law is an Essential Attribute of Rule of Law: HC

March 16, 2019 762 Views 0 comment Print

Pr. CIT Vs M/s. Starflex Sealing India Pvt. Ltd. (Bombay High Court) Held- Court requested revenue that the State takes a consistent view and does not agitate matters on which the Court has already taken a view, without pointing out the earlier order of this Court to the subsequent Bench. Court’s endeavor is only to […]

No Transfer U/s 2(47)(v) in Absence of Registration of Agreement Under Indian Registration Act

March 16, 2019 10095 Views 0 comment Print

Section 2(47)(v) – SC has held in Balbir case that transfer of any immovable property in part performance of a contract of the nature referred in section 53A of Transfer of Property Act will be completed only when the agreement is registered under Indian Registration Act.

Subsequent Inquiry Based on Additional Material is Sustainable in Law

March 16, 2019 1011 Views 0 comment Print

Kalsha Builders Pvt Ltd Vs ACIT & Ors. (Bombay High Court) Subsequent Inquiry Based On Additional Material is Sustainable In Law  And Requirement Of True And Full Disclosure Runs Through The Entire Assessment And Doesn’t End With Filing Of Return.  FACTS – Assessee, a registered company, is engaged in the business of developing real estate. […]

Meaning of “Associated Enterprises” for “Transfer Pricing” Provisions

March 16, 2019 66195 Views 0 comment Print

Under Section 92A of the Income Tax Act, two enterprises are treated as Associated Enterprises only when one of the enterprises participates in “management, control or capital” of the other enterprise. Section 92A(1) of the Income-tax Act specifies that and “Associated Enterprise” in relation to another enterprise, means an enterprise which participates, directly or indirectly, […]

Foreign Direct Investment – Who can invest in India

March 16, 2019 3303 Views 6 comments Print

It is the intent and objective of the Government of India to attract and promote foreign direct investment in order to supplement domestic capital, technology and skills, for accelerated economic growth. Foreign Direct Investment, as distinguished from portfolio investment, has the connotation of establishing a “lasting interest‟ in an enterprise that is resident in an […]

Impact of changes in ITC utilisation on or after 1st Feb 2019

March 16, 2019 6204 Views 0 comment Print

We have listed out all possible examples explaining impact of changes in ITC utilisation on or after 1st Feb 2019 with its possible proper explanation as new GST set off rules: Case 1 : Where supplier is engaged in making only Local Sale and Local Purchase and thus no IGST transaction. Impact : Since there […]

Composite supply Vs. Mixed Supply under Goods & Services Tax (GST)

March 16, 2019 4257 Views 0 comment Print

Under GST ‘Mixed Supply‘ Means a combination of two or more goods or services made together for a single price. Each of these items can be supplied separately and is not dependent on any other. Under GST ‘Composite supply‘ means a supply comprising  two or more goods/services, which are naturally bundled and supplied in with […]

Significant Beneficial Ownership Rules- Applicability, Register & Returns

March 16, 2019 7686 Views 1 comment Print

‘Significant beneficial owner’ means an individual referred to in sub-section (1) of section 90 (holding ultimate beneficial interest of not less than ten per cent.) read with sub-section [10] of section 89 of Companies Act, 2013, but whose name is not entered in the register of members of a company as the holder of such […]

Summary of SA 706 w.e.f. 01.04.2018.

March 16, 2019 12516 Views 0 comment Print

Summary SA-706: Emphasis of Matter and Other Matter: Meaning of Emphasis of Matter: A Para included in the auditor report that That refers to a matter disclosed/presented in the financial statement that In the auditors judgment is of such importance that it is fundamental to users of financial statement. Meaning of other Matter: A Para […]

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