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Archive: 07 June 2019

Posts in 07 June 2019

Notional Rent cannot be taxed on Non-Habitable House

June 7, 2019 1806 Views 0 comment Print

Shri Basant Kumar Nahata Vs ACIT (ITAT Kolkata) It is noted that a house property was inherited by the assessee in his native village situated at Rajasthan which was duly shown in his Balance Sheet. Since the assessee has residential house at Kolkata, the AO invoked sec. 22 and 23 of the Act, estimated the […]

S. 153A Assessment barred by limitation if order served after limitation period

June 7, 2019 9690 Views 1 comment Print

Assessment made by AO under section 153A was was barred by limitation as though assessment order was dated 28-3-2013, however, it was served on assessee on 18-4-2013, i.e., after expiry of period on which assessment order was liable to be time-barred as per section 153, i.e., 31-3-2013. 

Genuine Advances from customers cannot be treated as undisclosed income

June 7, 2019 4215 Views 0 comment Print

When assessee received advances from customers and the same were subsequently adjusted against goods sold to them, then, the advances could not be treated as unexplained cash credit under section 68, therefore, addition under section 68 made by AO on account of unexplained cash advances was deleted.

GST, Excise, Service Tax, VAT & Customs updates for May 2019

June 7, 2019 10479 Views 0 comment Print

Article contains Indirect Taxes Updates on GST, Customs, Excise, Service Tax & VAT for the Month of May 2019. Article Analyses Important Notifications / Circulars issued in the Month of May 2019 and also analyses Important Case Laws / Advance Ruling etc. decided by Various Courts and Authorities from time to time on GST, Customs, […]

Section 54F Exemption without evidence of Agreement & Payment not allowable

June 7, 2019 2172 Views 0 comment Print

Smt. Archana Kanwar Vs ITO (ITAT Chennai) We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. During the previous year relevant to the assessment year 2012-13, the assessee sold a vacant plot at Gurgaon, Haryana for a consideration of ₹.75,00,000/- after reducing the index […]

Cash gifts & presents against section 40A(3) provisions not allowable

June 7, 2019 6144 Views 0 comment Print

Assessee was not entitled to claim gifts and presents given to the customers by way of cash as business expenditure as the same was against the provisions contained u/s 40A(3)

NCLAT clarifies NCLT’s Power to Dispense with Meetings of Shareholders & Creditors

June 7, 2019 7929 Views 0 comment Print

DLF Phase–IV Commercial Developers Limited & Others (National Company Law Appellate Tribunal) Indisputably, the proposed scheme of amalgamation between the Holding Company and its Subsidiaries is regulated by provisions of Chapter XV of the Act, Section 230 whereof provides for passing of an order by the Tribunal directing convening of a meeting of the creditors […]

List of items, samples of which can be tested in revenue laboratories

June 7, 2019 609 Views 0 comment Print

The Revenue Laboratories have now acquired testing facilities for some of the samples listed in the said Annexure following the up-gradation and induction of more sophisticated equipment. These items are listed in Annexure I annexed with this Circular.

Question on Assessment of supplies based on taxability out of purview of AAR

June 7, 2019 777 Views 0 comment Print

In re Cummins Technologies India Private Limited (GST AAR Maharashtra) The applicant has sought clarification in respect of various services rendered by them to their group company situated abroad, as to whether such services being supplied by them for consideration to an overseas group company, the liability to pay tax on the subject supplies can […]

Export of River Sand & Stone Aggregates permitted to Maldives

June 7, 2019 3210 Views 0 comment Print

Export of the quantities of River Sand and Stone Aggregates with the annual ceiling indicated in the table in Note 1 above has been permitted for export to the Republic of Maldives under Bi-lateral Trade Agreement between Government of India and Government of the Republic of Maldives.

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