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Archive: June, 2019

Posts in June, 2019

Rental income of developer cum builder to be taxed as house property income instead of business income

June 13, 2019 4239 Views 0 comment Print

Nature of income which had been rental earning from the house property would not change just because it had been received by assessee-company formed with the object of carrying out business as builder and developer, therefore, AO had, rightly assessed the rental receipts under the head Income from house property.

SEBI specifies 7 New Disclosures by Credit Rating Agencies (CRAs)

June 13, 2019 3384 Views 0 comment Print

I. Computation of Cumulative Default Rates (CDR) A. With a view to aligning the methodology of calculation of default rates with that followed globally and in partial modification of SEBI Circular CIR/MIRSD/CRA/6/2010 dated May 3, 2010, the default rates shall be computed in the following manner:

Cenvat credit admissible on legal consultancy services: CESTAT

June 13, 2019 1827 Views 0 comment Print

M/s. Cenza Technologies Pvt. Ltd. Vs Commissioner of G.S.T. & Central Excise (CESTAT Chennai) Relying on Commissioner of Central Excise Vs. M/s. HCL Technologies reported in 2015 (37) S.T.R. 716 (All.)  CESTAT allowed Cenvat credit on legal consultancy services. in HCL technologies it was held that “6. As regards Consultancy Services, these were comprised of […]

Sec. 54 exemption cannot be denied for non-filing of Income Tax Return

June 13, 2019 8655 Views 0 comment Print

Assessee was entitled to claim long term capital gain exemption under section 54 on sale of property and the same could not be denied on the ground that income tax return was not filed declaring such income.

Penalty under Section 114 of Customs Act cannot be imposed on CHA

June 13, 2019 9288 Views 0 comment Print

Kailash Bahiru Jadhav Vs Commissioner of Customs (Export) (CESTAT Mumbai) Customs House Agents Licensing Regulation, 2004 which is a comprehensive self-contained scheme for licensing, operations, monitoring and regulation, is a standalone provision. Indeed it is a special provision in the Customs Act, 1962 by which, a whole range of activities in connection with which proceedings […]

Brief note on Transition Plan to New GST Return

June 13, 2019 2733 Views 1 comment Print

The GST Council in its 31st meeting decided that a new GST return system will be introduced. In order to ease transition to the new return system, a transition plan has been worked out. THREE MAIN COMPONENTS TO THE NEW GST RETURN: 1. FORM GST RET – 1 (Main Return) 2. FORM GST ANX – […]

Reassessment after 4 years where assessee made true and full disclosure in original assessment was not valid

June 13, 2019 2151 Views 0 comment Print

Reassessment after period of four years on the ground that assessee had claimed excess deduction under Section 80IB(10) was not valid where assessee had made true and full disclosure and had consciously made only a proportionate claim under Section 80IB(10), which was rightly allowed by AO at the time of original assessment proceedings under Section 143(3).

ESIC New Rates w.e.f 01.07.2019

June 13, 2019 159210 Views 1 comment Print

In a historic decision, the Union government has cut the contributions made by employers and employees toward the health insurance scheme of Employees’ State Insurance Corporation (ESIC). The total contribution has been cut to 4 per cent from the current 6.5 per cent. The contribution rate cut is expected to help firms save around Rs […]

No GST on Tanker water supply services with GPRS system help to local authority

June 13, 2019 20262 Views 0 comment Print

Whether the contract from Nagpur Environmental Services Ltd (NESL) Nagpur (a 100% subsidiary of the Nagpur Municipal Corporation, Nagpur) for providing services for the management of Non-Network Tanker with the help of GPRS system at Nagpur would be exempt from GST since it falls under the various exempt services in the article 243 W of the constitution of India as well as services rendered to a local authority,

Need to Review Provision of Marginal Relief under Income Tax Act

June 13, 2019 3423 Views 0 comment Print

I want The Hon. Finance Minister to consider my suggestion on the above subject.  Surcharge @10% of Income tax is levied when taxable income exceeds Rs. 50 lacs and upto 1 crore. Income tax for Rs.50 lacs works out to Rs. 1312500/-.

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