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Archive: July, 2019

Posts in July, 2019

No addition of bogus LTCG on sale of shares if assessee proved genuineness of transactions

July 12, 2019 4527 Views 0 comment Print

Where assessee placed sufficient documentary evidences before A.O. to prove genuineness of the transaction of sale of shares such as copies of bank statement, Demat account, share purchase documents and share certificate., etc., and no material had been brought on record against assessee to disprove the claim of assessee, addition made under section 68 on account of bogus long-term capital gain on sale of shares could not be sustained.

Penalty not leviable if vagueness & ambiguity in recording of satisfaction

July 12, 2019 1173 Views 0 comment Print

Chandu Laxman Chavan Vs DCIT (ITAT Pune) While levying penalty, the Assessing Officer invoked only the charge of “furnishing inaccurate particulars of income”. It is evident that while recording satisfaction the Assessing Officer was not clear in his mind as to which charge u/s. 271(1) (c) is to be invoked for initiating penalty. The ambiguity […]

Bail denied in Bogus GST Billing / Wrongful ITC Claim Case

July 12, 2019 3855 Views 0 comment Print

Principal Commissioner of Central Tax Vs Supreet Singh Bakshi (Patiala House Courts) In the case in hand, applicant / accused is stated to be the proprietor of M/s. Swift Enterprises, whereas, his father and brother are stated to be the Directors of M/s. Megabyte I.T. Pvt. Ltd. and his employee Rakesh Kumar Gupta is stated […]

Licensing services for right to use minerals classifiable under Tariff Code 997337

July 12, 2019 2919 Views 0 comment Print

In re Kuldeep Singh Butola (GST AAR Uttarakhand) (i) The services rendered by GMVN is covered under Serial No. 257 of Annexure appended to Notification No. 11/2017-Central Tax (Rate), dated 28-6-2017 (amended from time to time) as Licensing services for the right to use minerals including its exploration and evaluation. (ii) The service namely Licensing […]

India’s Demography at 2040: Planning Public Good Provision for 21st Century

July 12, 2019 4836 Views 0 comment Print

India is set to witness a sharp slowdown in population growth in the next two decades. Although the country as a whole will enjoy the demographic dividend phase, some states will start transitioning to an ageing society by the 2030s.

Resolutions which require Special Notice | Section 115 | Companies Act 2013

July 12, 2019 60174 Views 3 comments Print

Section 115 of the companies act 2013 provides that where, any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than 1% of […]

GST AD01 -Format of Letter of intimation for conduct of GST audit

July 12, 2019 18825 Views 2 comments Print

Article contains format of  GST AD01 -Format of Letter of intimation for conduct of GST audit under rule 101(2) of Central Goods and Service Tax Rules, 2017. FORM GST ADT – 01 [See rule 101(2)] Reference No.: Date: To, ————————————– GSTIN ……………………………………….. Name ……………………………………………. Address …………………………………………. Period – F.Y.(s) – ……………………………………….. Notice for conducting audit […]

Payment of third Installment under Income Declaration Scheme, 2016

July 12, 2019 4239 Views 0 comment Print

Issues in respect of payment of third installment under the Income Declaration Scheme, 2016- clarification on certain procedural issues under section 195 of the Income Disclosure Scheme, 2016 read with section 119 of the Income-tax Act, 1961-reg.-

Functionality to Process Paper & e-filed Income Tax returns- Reg.

July 12, 2019 1410 Views 0 comment Print

ITBA-ITR Processing Module- Enablement of functionality for Processing of (1) Paper Returns for A.Y. 2018-19- (2) e-filed returns pushed by CPC to Assessing Officer-regarding ITR ITBA Processing Instruction No 7 DIRECTORATE OF INCOME TAX (SYSTEM) ARA Center, Ground Floor, E-2, Jhandewalan Extension, 110055, New Delhi – 110055 F.No. System/ITBA/Instruction/ITR Processing/112/2016-17/ Dated: 12/07/2019 To, All Principal […]

Rectification of Mismatched TDS Liability

July 12, 2019 7347 Views 0 comment Print

Ideally, the value of Tax Deducted at Source (TDS) should be the same in Form 26AS and Form 16 or 16A. However, sometimes some clerical mistakes, some wrong entries, and some omissions cause inconsistencies between the data. To understand it more precisely and deeply, let us first understand what are these forms all about. Form […]

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