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Archive: 08 April 2019

Posts in 08 April 2019

CIT(A) cannot tax a new source of income which was not part of original assessment

April 8, 2019 1836 Views 0 comment Print

Although the powers of the CIT(A) were co-terminus with that of the powers of AO, yet, it had jurisdiction only on those items which had been considered by AO irrespective of the fact whether the issue was subject matter of appeal or not.

Order dropping penalty proceedings u/s 271(1)(c) – Revision u/s 263 – A Case Study

April 8, 2019 13758 Views 1 comment Print

Through this article an attempt has been made to explain the circumstances where the revisionary powers of the commissioners u/s 263 can be invoked when the order dropping penalty proceedings u/s 271(1)(c) of the I.T. Act, 1961 was passed by the Assessing Officer. In the case of M/s. DEF, an India Company, an order was […]

Guide to Minimum Alternate Tax (MAT) for Ind AS Compliant Companies

April 8, 2019 85884 Views 2 comments Print

Author has examined the amended provisions of MAT under 115JB of Income Tax Act, 1961, as applicable to Companies following Ind AS for preparation of their Financial Statements. Illustrations have been given for a better clarity on practical application the provisions.

ITR for FY 2018-19 : More Transparency & Automatic Validation Mechanism

April 8, 2019 21789 Views 5 comments Print

Discover the new IT return forms for FY 2018-19 and the increased transparency and automatic validation mechanisms introduced by CBDT.

Bogus Purchase: ITAT held addition of 3% of GP as reasonable

April 8, 2019 3126 Views 0 comment Print

ACIT Vs Shri Akshay Rajesh Samdariya (ITAT Pune) The solitary issue raised in the appeal by the Revenue and Cross objections by the assessee is against addition deleted/confirmed on account of bogus purchases. The Assessing Officer in re-assessment proceedings made addition of Rs. 2,78,55,984/- as bogus purchases purportedly made by the assessee. In first appeal […]

GST Rate on operating gaming zone in malls

April 8, 2019 11826 Views 0 comment Print

In re Bandai Namco India private Limited (GST AAR Maharashtra) Question: – Applicable GST Rate on operating gaming zone in one of leading malls in Mumbai? Applicant submitted that they are engaged in providing amusement facility services and also running family entertainment facility center in Oberoi mail Mumbai. To conduct the business as aforesaid it […]

AAR cannot deal with ITC of service tax or VAT paid under erstwhile laws

April 8, 2019 774 Views 0 comment Print

In re Bauli India Bakes and Sweets Private Limited (GST AAR Maharashtra) From the collective readings of provisions viz. – Clause (63) and (62) of Section 2 of the CGST Act that, the question enumerated at (d) of Section 97(2), supra does not deal with the admissibility of the credit of taxes paid other than […]

Mere Holding Shares for a Short Period will not convert capital gain into business income

April 8, 2019 579 Views 0 comment Print

Pr. CIT Vs Khaitan Chemicals Ltd. (Rajsthan High Court) HC observed that the issue of classification of income on the sale of shares as business income or as short-term capital gains is to be decided the facts of each case. The tests to be applied for such determination is provided in CBDT Circular No.4 of […]

Choice of Political Funding – Cheque, Electoral Bonds or Blackmoney from Contractors and middlemen

April 8, 2019 687 Views 1 comment Print

The past few days have witnessed several cases where the Election Commission and the revenue authorities, both separately and acting jointly, trying to curb the use of blackmoney in elections.

Outcome of digitalisation

April 8, 2019 1734 Views 0 comment Print

Swami: Hey guys!!! Have you seen my fb profile. I have made more than 2400 friends over there. Namrata: Ohoho… well done… Please focus on other important things rather than doing all these kind of irrelevant deeds. Swami: Oye who told you that I am not doing relevant things. I am increasing my network for […]

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