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Archive: May, 2019

Posts in May, 2019

ITAT upheld section 68 Addition- Big Jump in Share Price of unknown Company

May 21, 2019 3156 Views 0 comment Print

Assessee has not tendered cogent evidence to explain as to how the shares in an unknown company had jumped to an higher amount in no time when the fantastic sale price was not at all possible as there was no economic or financial basis to justify the price rise. Also, assessee failed to provide details of persons who purchased the shares. Clearly, assessee had indulged in a dubious share transaction, meant to account for undisclsoed income in the garb of long-term capital gain, therefore, such gain had to be assessed as undisclosed credit under section 68.

Seat of Tribunal to decide Appellate Court u/s 260A /269: Bombay HC

May 21, 2019 1422 Views 0 comment Print

Pr. CIT Vs M/s. Sungard Solutions (I) Pvt Ltd (Bombay High Court) Seat of the Tribunal (in which State) would decide the jurisdiction of the Court to which the appeal would lie under the Act.  In the present case, the orders were passed by the Bangalore Bench of the Tribunal (even if the assessment was […]

Onus to prove that transaction were benami rests on plaintiff: SC

May 21, 2019 4623 Views 0 comment Print

Mangathai Ammal (Died) through LRs Vs Rajeswari & Others (Supreme Court) In the case of Jaydayal Poddar it is held that the burden of proving that a particular sale is benami and the apparent purchaser is not the real owner, always rests on the person asserting it to be sold. In P. Leelavathi it is […]

Dehusking of Paddy to obtain Rice is ‘Manufacture’ for sec 80IA/IB deduction

May 21, 2019 4143 Views 0 comment Print

CIT Vs M/s. Muthuramalingam Modern Rice Mill (Madras High Court) Conclusion: Conversion of Paddy into Rice by the process of de-husking would amount to “maufacture” as not only the form underwent a change but also the value addition happened by such process as a different commercial article came into being and therefore, assessee was entitled […]

CBDT releases draft New FORM No. 10B and rule 17B

May 21, 2019 77976 Views 0 comment Print

Rule 17B of the Rules provide that said report of audit of the accounts of a trust or institution shall be in Form No. 10B. The Form No 10B besides providing the Audit Report provides for filing of Statement of particulars as Annexure.

Analysis of Companies (Significant Beneficial Owners) Rules, 2018 

May 21, 2019 3102 Views 1 comment Print

Amendments in Section 89 & 90 was one of the major amendments brought in by the Companies (Amendment) Act, 2017. Later on, MCA on June 14, 2018  through notification, has enforced the amended provisions of Section 90 of the Companies Act, 2013 and has introduced the Companies  (Significant Beneficial Owners) Rules, 2018

List of details required for Form MSME-1 & DPT-3

May 21, 2019 10464 Views 0 comment Print

Brief of the Details required for the purpose of MSME-1 & DPT-3 Details required for Form MSME-1 1. Total outstanding amount as on the date of notification i.e. 22ndJanuary 2019. 2. of Supplies for which the amount is due for more than 45 Days from the date of supply of Goods or Services. 3. Particulars […]

Liability of Real Estate Developers & Works Contractors under GST

May 21, 2019 23112 Views 5 comments Print

Developers 1. The real estate developers are ordinarily known as builders for residential or commercial use or both and the said construction is undertaken for sale of units to individual buyers along ordinarily with land underneath the structure without retaining any right, at the end of the project,in respect of land and buildings. After entering […]

HC instructs to consider extension of time for filing of GST Tran-1

May 21, 2019 1020 Views 0 comment Print

Without going into the issue as to whether the time for the purpose can be extended, as the petitioner has moved the aforesaid application, the Assistant Commissioner/Commissioner GST may consider the above application and pass appropriate order in accordance with law.

Money Back Plan – More than just an Insurance Policy

May 21, 2019 1833 Views 0 comment Print

For many of us, we want to invest in traditional life insurance plans for a longer term for generating a guaranteed corpus. However, we face problems when we require money before such a term is over. The financial crisis could strike at any time and one need funds for tackling it. However, a traditional life […]

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