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Archive: 28 June 2019

Posts in 28 June 2019

Property of director cannot be attached for VAT liability: Gujarat High Court

June 28, 2019 4725 Views 0 comment Print

Veer Industries Ltd. Vs Commercial Tax Officer (Gujarat High Court) Section 48 clarifies that any amount payable by a dealer or any other person on account of tax, interest or penalty for which he is liable to pay to the Government shall be a first charge on the property of such dealer or as the […]

Highlights of 35th GST Council Meeting

June 28, 2019 1710 Views 0 comment Print

35th GST Council Meeting was held on 21 June 2019 at New Delhi, after a long gap of more than three months. This was the first council meeting chaired by the re-elected government and India’s second woman Union Finance Minister, Mrs Nirmala Sitharaman.

Capital Gain u/s 50B applicable on sale of undertaking which covers Depreciable Assets forming part of Industrial Undertaking

June 28, 2019 4245 Views 0 comment Print

whether sale of industrial unit as a whole as a continuing business with land, building, plant, machinery and all equipment as a going business with assets and liabilities taxable under section 50B as slump sale or not?

Transfer and Transmission of Securities- Meaning

June 28, 2019 10686 Views 0 comment Print

Transfer of Securities: Transfer of shares means the voluntary handing over of the rights and possibly, the duties of a member (as represented in a share of the company) from a shareholder who wishes to not be a member in the company any more to a person who wishes of becoming a member. Thus, shares […]

Deduction allowable on interest on late deposit of VAT, Service Tax, TDS

June 28, 2019 19623 Views 0 comment Print

Interest paid on late deposit of VAT, Service Tax, TDS etc, was not penal in nature and the same was allowable as business expenditure under section 37(1)

FLA return to be submitted Online: RBI

June 28, 2019 14151 Views 1 comment Print

With the objective to enhance the security-level in data submission and further improve the data quality, the present email-based reporting system for submission of the FLA return will be replaced by the web-based system online reporting portal.

No Deduction u/s 54B /54F if sale deed was unregistered and payment was in cash

June 28, 2019 4281 Views 0 comment Print

Shri Ram Narayan Vs ITO (ITAT Jaipur) Conclusion: Since assessee purchased land through an agreement to sale which was unregistered and the payment was made in cash, therefore, in absence of sale deed, the unregistered agreement would not transfer any title to assessee of the agricultural land, accordingly, the claim of deduction under section 54B […]

Penalty cannot be levied for mere filing of Form No. 3CB instead of Form 3CA

June 28, 2019 6165 Views 0 comment Print

M/s. PMC Rubber Chemicals India Pvt. Ltd. Vs ACIT (ITAT Kolkata) We note that the assessee has filed form no. 3CD and 3CB and the same has not been disputed therefore the tax audit report was on record and hence the penalty should not be levied. However the Assessing Officer disputed that instead of form […]

GST –An Update (As on 1st June, 2019)

June 28, 2019 21201 Views 2 comments Print

Taxpayers may opt for multiple registrations within a State/Union territory in respect of multiple places of business located within the same State/Union territory. Mandatory registration is required for only those e-commerce operators who are required to collect tax at source.

Annual Reporting of Foreign Liabilities & Assets (FLA) –Move to FLAIR web-portal

June 28, 2019 5661 Views 0 comment Print

Annual Return on Foreign Liabilities and Assets Reporting by Indian Companies All Indian companies which have received FDI and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year, should file the annual return on Foreign Liabilities and Assets (FLA) in the soft form which can be duly filled-in, validated and […]

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